₨700
There are various books available on jurisprudence of general laws but there are no books in Pakistan on the Industrial Jurisprudence also known as the Labour Jurisprudence which motivated me to write this book and I have retained both words and titled the book as “Industrial / Labour Jurisprudence”.
The Industrial / Labour Jurisprudence has branched out of the general jurisprudence incorporating in it some applicable principles of the general jurisprudence and including other aspects and principles specifically applicable to labour / industrial situations and matters.
Like any living concept the Industrial / Labour Jurisprudence cannot remain stagnant and it’s concepts would undergo changes and advancement with passage of time.While giving principles of the Industrial / Labour Jurisprudence the same have been made Pakistan specific explaining as to how these principles have been adopted and implemented through schemes, practices and labour laws in Pakistan to make it more beneficial to the readers of Pakistan.
Mr. S. M. Iqbal has assisted me in compilation, proof reading and publication of the book.
I hope the book may be found useful and beneficial to those who are in the legal profession and practicing in the labour laws both as members of the Judiciary or members of the bars as well as to others in gaining knowledge from the contents of the book.
S. M. Yaqoob
7th’ April, 2012
Description
| CHAPTER – I | |
| Brief History, Craftsmen, Industrial Revolution and Policy of Laissez Faire, State Intervention in Labour matters, Development of Joint Stock Companies and Professional Management, Reports of Commissions and Committees on Labour, I.L.O. |
Pages 1 – 7 |
| CHAPTER – II | |
| General Jurisprudence and Industrial / Labour Jurisprudence, Principles of Interpretation, Application of maxims, Application of CPC to Labour Courts / Tribunal, Difference between Jurisdiction of Civil Courts and Labour Court / Tribunal, Principles of natural justice, the Divine Justice, Principles of Evidence, Other main Sources of Labour Jurisprudence. |
Pages 8 – 14 |
| CHAPTER – III | |
| Social Justice and administration of Justice constitutional fundamental rights, Human rights under UNO Chapter, Role of ILO, 36 convention of ILO Ratified by Pakistan, Concept of Welfare state and Socialist state. |
Pages 15 – 20 |
| CHAPTER – IV | |
| Influence of Reports of Commissions, Committees, Policies and Experiments, Royal Commission on Labour Report, Labour Investigation Committee Report, 1946 Labour Polices and the Labour Policy 1969 of Pakistan, Robert Owen and Cooperative Movement, Hawthorne Experiments, Royal Commission on Agriculture, 1926. |
Pages 21 – 28 |
| CHAPTER – V | |
| Principles of Industrial Psychology, Industrial Fatigue, Removal of Fatigue, Commutative, Fatigue and Removal, Encashment of Annual Leave, Accidents caused due to fatigue, Contributory Negligence discarded, Acceptance of Theory of the Notional Extension of Employers Premises by the Supreme Court, Dangerous Machines and Hazardous Occupations, Occupational disease, Better Working Condition improve efficiency, Working in friendly group, Incentive Scheme Motivate Workers, We feeling among the workers, use of intelligence tests, Hawthorne experiments.
|
Pages 29 – 39 |
| CHAPTER – VI | |
| Trade Unions, Collective Bargaining Agent Unions, Outsiders in Trade Unions, Mushroom growth of Trade Unions and Trade Union activities, industrial revolution and policy of laissez faire, state intervention in labour matters, Collective Bargaining Agent, Membership and Outsider as office bearer of union, Multiplicity of Unions, Industrial-wise Trade Unions, Check Off, Provision of unfair labour practices, Close Shop, Closure of Establishment, Trade Union activities. |
Pages 40 – 50 |
| CHAPTER – VII | |
| Theories of Wages, Types of Wages and Monetary Incentives, Theories of Wages, Substances Wage, Labour Supply and Demand, Marginal Productivity Theory, Marxist Theory of Wages, Prevailing Market Rates of Wages, Collective Bargaining, Basis of arbitration and adjudication awards, Minimum Wages fixed by states, free market economy, Types of Wages Subsistence wage, Minimum Wage, Fair Wage, Living Wage, Monetary Incentives. |
Pages 51 – 60 |
| CHAPTER – VIII | |
| Minimum Wages, Laws granting allowances, minimum Service conditions fixedly by law, custom, usage and practice. Minimum Wages, Minimum Wages Ordinance, 1961. Minimum Wages for Unskilled Workers Ordinance, 1969, Other laws granting allowances, statutory allowances and monetary benefits, Provincial laws on statutory special allowances, Minimum Service conditions fixed by the law, custom, Usage and Practice, Legal provisions ensuring prompt payments. |
Pages 61 – 70 |
| CHAPTER – IX | |
| Profit Sharing, Bonus and profit bonus, customary bonus, festival bonus, custom, usage and practice, production bonus, profit bonus, Full Bench Formula, S.O. 10-C bonus, case laws, Companies Profits (W.P.) Act, 1968 and Profits sharing, one law of profit sharing by employees. |
Pages 71 – 82 |
| CHAPTER – X | |
| Settlements of Disputes,
Types of disputes, Modes of Settlement of Disputes, Mediation, Conciliation, Arbitration, Adjudication, Adjudication of Industrial Disputes, Basis and Principles of industrial dispute awards approved by the Superior Courts, case laws, benevolent despot, laws in connection with settlement of industrial disputes.
|
Pages 83 – 94 |
| CHAPTER – XI | |
| Concept of Social Security
Provincial Employees Social Security Ordinance, 1965, Workmen’s Compensation Act, 1923, Workers Children (Education) Ordinance, 1972, Employment Injury, Occupational Disease, Contributory Negligees and theory of Notional Extension of premises, Group insurance. |
Pages 95 – 102 |
| CHAPTER – XII | |
| Labour Welfare Measures
Types of Welfare measures, direct statutory monetary benefits, indirect statutory benefits, Factories Act, 1934, Hygiene cards, Welfare Officers, Occupational diseases and hazardous occupations, canteen, certificate of stability, workers welfare fund, Worker Children (Education) Ordinance, 1972, Excise Duty on Minerals (Labour Welfare) Act, 1967 and other mine laws, recreation and sports facilities, medical facilities, confessional rate of Co.’s products, Fair price shops, Loan Fund, Hajj, Welfare activities by trade unions. |
Pages 103–115 |
| CHAPTER – XIII | |
| Protection of women workers, Children, Maternity Leave, Equal Wages for men and women and Workers Children Education Children, adolescent and adult, women workers, employment by married women, crèche for children of working women, special provisions for female workers, equal wages for men and women workers, workers children education. |
Pages 116–124 |
| CHAPTER – XIV | |
| Joint Consultation, Participation in Management and Co-ownership
Shop stewards, works council, workers participation in management, joint management board, duplication in functions and multiplicity of bodies, board of trustees under the companies profits (workers participation) Act, 1968, provident fund, canteen managing committee, co-ownership of workers. |
Pages 125–132 |
| CHAPTER – XV | |
| Grievance Handling and Grievance procedure
What is a grievance, What causes grievance, types of grievances, importance of grievance handling, grievance procedure of the organization, steps in handling grievance, other factors of handling grievance (1) Place the employee at ease, (2) Receive the grievance sympathetically, (3) encourage talk, (4) Select a favorable location, (5) Hear the case fully, (6) Reach a definite settlement, (7) Try to settle grievance early, (8) Follow up, Legal provision of settling grievances. |
Pages 133–139 |
| CHAPTER – XVI | |
| INDUSTRIAL DISCIPLINE
Chamber’s Dictionary, Black’s Law dictionary, what is discipline, what is good discipline, preventive discipline, corrective discipline, securing necessary facts, consideration of facts, proper administration of corrective measures, follow up, Standing Orders Ordinance, 1968, case laws, public utility services, Essential Services maintenance laws. |
Pages 140–153 |
| CHAPTER – XVII | |
| Motivational effects of incentives
Better Working conditions, working hours, spread over, weekly holidays, festival holidays and annual leave, rest intervals, refreshment during rest intervals, having right man for the right job, working in friendly group, overtime, monetary incentive schemes, |
Pages 154–160 |
| CHAPTER – XVIII | |
| Contracting system –– Job contract, specific individual job contract, service contract, Labour supply contracts, standing order, 20, case laws, right of employer to engage contractors recognized, reasons of contracting, labour supply contracts and regulation of contract employment, case laws. |
Pages 161–169 |
| CHAPTER – XIX | |
| Cartels, monopolies, Nationalization and Privatization
Cartels & monopolies, nationalization, Denalization and Privatization, golden hand shake schemes, failures of economic systems, Changing Imperialistic Modes and Methods, interest free Islamic economy as the new economic order. |
Pages 170–180 |
| CHAPTER – XX | |
| The Labour Judiciary
Industrial Disputes Act, 1947, Industrial Courts, Industrial Appellate Tribunal, Labour Court, Labour Appellate Tribunal, NIRC, Hearing Appeals by Tribunal or by the High Courts, abolishing the Labour Appellate Tribunal by IRO, 2002, status of the labour Judiciary, Changes Required. |
Pages 181–195 |
| The Objective Resolution of the Constitution of Pakistan. |
Pages 196–200 |
| Bibliography | Pages 201–202 |
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