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INDUSTRIAL AND COMMERCIAL EMPLOYMENT (STANDING ORDERS ORDINANCE, 1968) An ordinance to amend and consolidate the law relating to commercial and minimum conditions of service and minimum benefits to the workmen. The purpose of this ordinance is to declare binding under pain of penalty a set of minimum service conditions below which none of these and other specified establishments should fall. This ordinance must be interpreted liberally in favour of workmen to provide him maximum benefits as it is a beneficial and remedial statute. Hence, any technical flaws in the implementation and remedial procedure cannot and should not be exploited by employers or the Judicial System to deprive worker of his statutory rights and benefits. Standing orders ordinance is a beneficial legislation intended to protect interests of workmen and to produce harmonious relationship between employer and workmen, it should thus be liberally construed to give maximum benefits within the frame work or law. (H.C (Kara)) General Tyre and Rubber Co. Vs Sindh Labour Appellate Tribunal Karachi and another, 1992 PLC, 1028. Labour Laws are beneficial or remedial statutes and should be interpreted such that their purpose of improving the workers’ Condition is advanced. Any beneficial or remedial statutes promulgated for ameliorating the lot of working class must be construed to advance the remedy and suppress the mischief [H.C(Kara): Executive Engineer, Highway Division, thatta vs M. Yamin and 2 others; 2000 PLC.32] Technicalities not to stand in the way of Justice: Provisions of Pakistan industrial and commercial employment (Standing Orders) Ordinance, 1968, must be interpreted in favour of workmen courts were not to deprive the workman of his statutory benefits on account of any minor technical flaw in the proceedings of which the employer himself was also guilty. Rules and procedure were made to advance the cause of Justice and not to deprive an poor illiterate worker / workman of his benefits APPLICABILITY: i. iti The Ordinance applies to all Industrial / Commercial establishments were 20 or more workmen are employed directly or through any other person whether on their own behalf or any other person. It also applies to such establishments which employed such number of workmen on any day during the preceding 12 months. Standing Orders 10-B and 11, Clauses 6 and 8 of Standing Order 12 and Standing order 15 have been made applicable to only such industrial units where 50 or more persons have been or were employed on any day during the preceding 12 months The Ordinance does not apply to industrial / commercial establishment carried on by or under the authority of Federal or Provincial Government, where statutory rules of service, conduct or discipline are applicable to the workmen employed therein. DEFINITIONS: Collective Agreement: As agreement in writing intended to specify the conditions of employment and entered into between one or more employers on the one hand and one or more trade unions or, where there is no trade union, the duly authorized representatives of workmen, on the other. Commercial Establishment: An establishment carrying any of the following businesses: )) Advertising ll) | Commission or forwarding Ill) Commercial agency IV) Clerical department of a factory or of any industrial or commercial undertaking. V) Labour contractor: Vl) Joint Stock Company Vil) Insurance Company VII) Banking Company IX) Broker's Office X) Stock Exchange vi. Vil. Xl) Club XII) Hotel XIlly Restaurant XIV) Eating House XV) Cinema, Theater XVI) Other establishments declared by the Government. Construction Industry: An Industry engaged in the construction, reconstruction, maintenance, repair alteration or demolition of any building, railway tramway, harbor, dock, pier, canal, inland waterway, road, tunnel, bridge, dam, viaduct, sewer, water work, well, telegraphic or telephonic installation, electrical undertaking, gas work etc. Employer: An employer means an owner of an industrial or commercial establishment to which this Ordinance applies. This term also including the following: (i) | Manager of factory (ii) | Controlling Authority or Head of Department (iii) Supervisor / controller of an industrial or commercial establishment. Go Slow: An organized, deliberate and purposeful slowing down of normal output of work by any body of workers in a concerted manner and which is not due to any mechanical defect, breakdown of machinery, failure or defect in power supply or in the supply of normal material and spare parts of machinery. Government: Provincial Government Industrial Establishment: (i) As defined in payment of Wages Act i.e. tramways, motor omnibus service, dock, wharf, jetty, inland steam vessel, mine quarry, oil field, plantation workshop, manufacturing establishment, contractor etc. (ii) All factories as defined in Factories Act. (iii) Railways.