labour and Administration
2019 year
Question1- what is the procedure to appointment probation confirmation and promotion in the sindh civil servants act 1973
According to the Sindh Civil Servants Act, 1973:
1. Appointment: Civil servants are appointed through initial recruitment, promotion, or transfer as per prescribed rules.
2. Probation & Confirmation: New appointees serve a probation period (usually 2 years for fresh recruits and 1 year for promoted/transferred employees). After satisfactory completion, they are confirmed in their position. If performance is unsatisfactory, they may be terminated or reverted.
3. Promotion: Civil servants are promoted based on merit (selection posts) or seniority (non-selection posts), provided they meet the required qualifications and criteria.
Question 2- What procedure is to be by the inquiry officer and inquiry committee in the sindh civil servants act (E&D)Rules 1973 ? What are the powers of inquiry officer and inquiry committee in the sindh civil servant act (E&D) Rules 1973 Simple words Answer in English
Procedure by Inquiry Officer & Inquiry Committee in Sindh Civil Servants (E&D) Rules, 1973
1. Issuance of Charge Sheet:
The accused civil servant receives a written charge sheet explaining the allegations.
They are given time to submit a written defense.
2. Hearing & Evidence Collection:
The inquiry officer or committee examines the evidence and witnesses.
The accused can present their defense and witnesses.
3. Report Preparation:
After reviewing all evidence, the inquiry officer or committee prepares a report.
The report includes findings and recommendations for punishment (if necessary).
4. Final Decision:
The competent authority reviews the report and decides the final action.
Powers of Inquiry Officer & Inquiry Committee
1. Summon Witnesses & Documents:
They can call any witness or document for investigation.
2. Examine the Accused & Witnesses:
They have the power to question the accused and witnesses under official proceedings.
3. Record Statements & Evidence:
They can record statements and collect evidence for fair judgment.
4. Recommend Action:
They can suggest penalties or acquittal based on findings.
These rules ensure a fair inquiry process in disciplinary cases against Sindh civil servants.
Question -3-Define tribunals what are the power of 5he tribunals what is the procedure to transfer cases in sindh service tribunals act 973 Simple?
Tribunals and Their Powers
A tribunal is a special court or a body set up to resolve disputes, usually in specific areas like employment, taxation, or services. Tribunals work like courts but are less formal and often faster.
Powers of Tribunals
Tribunals have the power to:
1. Hear and decide cases related to their specific area (e.g., service matters, tax disputes).
2. Summon witnesses and documents.
3. Pass orders or judgments like a court.
4. Enforce their decisions, which can be challenged in higher courts.
Case Transfer Procedure in Sindh Service Tribunals Act, 1973
Under the Sindh Service Tribunals Act, 1973, if a case needs to be transferred:
1. A party can apply for a transfer if they believe the current tribunal is unfair or biased.
2. The tribunal or a higher authority reviews the request.
3. If valid, the case is transferred to another tribunal.
This ensures fairness and justice in service-related disputes.
Question 4-i What is the insolvericy and habitual indebtedness in the Sindh Civil Servants (Conduct) Rules, 2008?
(ii) How a civil servant can be vindicated of his public acts or character in the Sindh Civil Servants (Conduct) Rules, 2008? In simple Wording Answer in English?
(i) Insolvency and Habitual Indebtedness in Sindh Civil Servants (Conduct) Rules, 2008
Insolvency means a civil servant is unable to pay debts. Habitual indebtedness means frequently being in debt without managing finances properly.
According to the Sindh Civil Servants (Conduct) Rules, 2008:
A civil servant should avoid excessive debt.
If a civil servant becomes insolvent or is always in debt, it may harm their reputation and job performance.
If the debt affects official duties, disciplinary action can be taken.
(ii) Vindication of Public Acts or Character
If a civil servant is accused of wrongdoing in their public role, they can defend themselves.
Under the rules:
A civil servant must first seek government approval before going to court or media to defend their public acts or character.
The government may allow or handle the defense if needed.
This ensures that civil servants do not engage in unnecessary public disputes.
5. What do you understand by the Industrial Relations? Explain the objectives of the Industrial Relations?
Industrial Relations and Its Objectives
What is Industrial Relations?
Industrial Relations refers to the relationship between employers, employees, and trade unions in a workplace. It focuses on maintaining a peaceful, fair, and productive work environment by resolving disputes and ensuring workers’ rights.
Objectives of Industrial Relations
1. Maintain Peace – Prevent conflicts between workers and employers.
2. Improve Working Conditions – Ensure fair wages, job security, and a safe workplace.
3. Protect Workers' Rights – Support employees through labor laws and trade unions.
4. Increase Productivity – Create harmony between management and workers for better efficiency.
5. Resolve Disputes Fairly – Provide ways to settle conflicts through negotiations and agreements.
Good industrial relations help in creating a stable and efficient work environment.
Question 6-Short Notes
(i) Workmen's Compensation
Workmen's compensation is financial support given to workers who get injured, disabled, or die while doing their job. Employers must provide compensation to affected workers or their families. This helps workers recover or support their families if they can no longer work.
(ii) Labour Court and Its Jurisdiction
A Labour Court is a special court that deals with disputes between employers and employees, such as wrongful termination, unpaid wages, and unfair treatment. It has the power to hear cases, settle disputes, and ensure that labor laws are followed. The court can order compensation, reinstatement, or other remedies to protect workers' rights.
(iii) Women Workers
Women workers are protected by labor laws that ensure equal pay, maternity leave, safe workplaces, and protection against harassment. Many laws focus on providing a safe and fair working environment for women, ensuring they are not discriminated against in employment.
(iv) Minimum Wage
Minimum wage is the lowest salary that an employer must legally pay a worker. It helps protect workers from being underpaid and ensures they earn enough to cover basic needs like food, housing, and healthcare. Governments set the minimum wage to prevent worker exploitation.
(v) Bonded Labour
Bonded labour is when a person is forced to work to repay a loan or debt, often in unfair or exploitative conditions. This is illegal in many countries because it traps workers in poverty and takes away their freedom. Laws and organizations work to end bonded labour and protect workers' rights.
Question 7-What do you understand by the Trade Union? What are the functions of Trade Union?
What is a Trade Union?
A Trade Union is an organization formed by workers to protect their rights and interests. It represents employees in discussions with employers about wages, working conditions, job security, and benefits. Trade unions help workers negotiate better terms and ensure fair treatment at the workplace.
Functions of a Trade Union
1. Protect Workers' Rights – Ensure fair wages, safe working conditions, and job security.
2. Collective Bargaining – Negotiate with employers on behalf of workers for better pay and benefits.
3. Dispute Resolution – Help settle conflicts between workers and employers peacefully.
4. Legal Support – Provide legal help to workers in case of unfair treatment or dismissal.
5. Welfare Activities – Support workers through financial aid, medical help, and education programs.
6. Improve Work Environment – Advocate for better workplace policies and safety measures.
Trade unions play a vital role in ensuring fair treatment and better working conditions for employees.
2020 years
Question-1
The Seasonal Factory named Mujahid Corporation" manufactures Corn Oil at the end of winter. Mujahid Corporation is situated in Mirpurkhas district and consumes 2MV of electricity each month. They raw Corn into A As a legal advisor you are supposed to guide the occupier about the ingredients of Notice under section 9 of the Factories Act?
Guidance on Notice Under Section 9 of the Factories Act
As a legal advisor, you need to guide the occupier of Mujahid Corporation about the requirements of a Notice under Section 9 of the Factories Act.
Ingredients of Notice Under Section 9:
Before starting operations, the occupier must send a written notice to the relevant authorities, which must include:
1. Factory Name & Address – Full name and location of Mujahid Corporation in Mirpurkhas district.
2. Occupier’s Name & Address – Details of the owner or responsible person.
3. Manager’s Name & Address – Information about the factory manager.
4. Nature of Manufacturing – Description of the production process (Corn Oil manufacturing).
5. Number of Workers – Estimated number of workers employed.
6. Power Consumption – Mention that the factory uses 2MV of electricity per month.
7. Date of Operation Start – The expected date when production will begin.
8. Other Required Details – Any additional information required by the authorities.
This notice ensures that the government is informed about the factory’s operations and that it complies with safety, labor, and enviro
Question 2
er of the "Manet Sugar Mill", has hired a new manager and has asked you the following
questions:
A. To whom the Notice about the change of manager is to be sent
B.in how many days the notice is supposed to be sent.
C.Prior to appointment of new manager, the post of manager remained vacant for 6 months. Undersection 9(3) who is deemed to be the manager in this period.?
Guidance on Notice of Change of Manager Under the Factories Act
As a legal advisor, you need to answer the occupier’s questions regarding the change of manager at Manet Sugar Mill.
(A) To Whom Should the Notice Be Sent?
According to Section 9(1) of the Factories Act, the notice about the change of manager must be sent to the Chief Inspector of Factories or the relevant labor department authority.
(B) Time Limit for Sending the Notice
As per the law, the notice must be sent within 7 days of the new manager’s appointment.
This ensures that the authorities have up-to-date records of the responsible person managing the factory.
Question 3:
"Muhsin Mills" has three hundred workers. As their legal advisor you are asked to explain following questions. A. Under section 12(1) who can be appointed as certifying surgeon. 8. Maximum validity period of fitness certificate for employment is how many days/months/years. 3 c. If fitness certificate is expired, can It be reissued, and by whom?
Guidance on Certifying Surgeon & Fitness Certificate Under Section 12 of the Factories Act
As a legal advisor for Muhsin Mills, you need to explain the following:
(A) Who Can Be Appointed as a Certifying Surgeon?
Under Section 12(1) of the Factories Act, a Certifying Surgeon is:
A qualified medical practitioner appointed by the government.
Responsible for examining and certifying the health and fitness of workers, especially those working in hazardous conditions.
(B) Maximum Validity Period of a Fitness Certificate
The fitness certificate issued by the Certifying Surgeon is valid for 12 months (1 year).
After one year, the worker must undergo a medical check-up for renewal.
(C) Can an Expired Fitness Certificate Be Reissued? Who Can Reissue It?
Yes, an expired fitness certificate can be reissued.
It must be renewed by the Certifying Surgeon after a fresh medical examination.
Why Is This Important?
Ensures workers are physically fit for their jobs.
Protects worker health and safety, especially in hazardous environments.
Helps factories comply with labor laws and avoid penalties.
Muhsin Mills should ensure all workers have valid fitness certificates to avoid legal and safety issues.
Question 4:
"Adam Bricks Factory" is found to employ 15 children under the age of 13 years. It is the contravention of section 50 and according to section 60 who/whom is punishable and what is the maximum fine of the said contravention? 500?
Employing children under the age of 13 is a violation of the Sindh Prohibition of Employment of Children Act, 2017. According to Section 3(1) of the Act, no child shall be employed or permitted to work in any establishment.
Section 14(1) of the Act specifies the penalties for such contraventions:
If the child is employed in non-hazardous work:
Punishable with imprisonment for a term which may extend to six months, or with a fine which may extend to fifty thousand rupees, or with both.
If the child is employed in hazardous work:
The fine may extend to one hundred thousand rupees but not less than ten thousand rupees, and imprisonment which may extend to three years.
Therefore, the employer of "Adam Bricks Factory" is punishable under this Act, with the maximum fine being up to one hundred thousand rupees if the employment involves hazardous work.
Question 5:
One of the employee in "Jubilee Soap Factory" is found to over aged. In the court of law, is the written declaration by Certifying Surgeon can be admissible as evidence under section 73(2)?
In the context of the Sindh Prohibition of Employment of Children Act, 2017, Section 10 addresses disputes regarding the age of an individual employed or permitted to work. According to this section, if any question arises about the age of such a person, the concerned Inspector has the authority to refer the matter to a medical authority for a decision. The decision of the medical authority is considered final.
Therefore, in a court of law, a written declaration by the Certifying Surgeon, as the designated medical authority, is admissible as conclusive evidence regarding the age of the employee in question.
Question 6:
You are supposed to write an article for a government agency that maintains health and safety of the
factories under their local limits. Write an article, not more than 200 words, about the basic concept of health and safety as mentioned in Factories Act?
Ensuring Health and Safety in Factories
The Factories Act serves as a crucial legal framework to protect the health and safety of workers in industrial establishments. It mandates essential measures to ensure a safe working environment, preventing occupational hazards and promoting worker well-being.
Health Measures
The Act requires factories to maintain cleanliness, proper ventilation, and adequate lighting. Provisions for clean drinking water, sanitary facilities, and disposal of waste are also emphasized to prevent health risks.
Safety Provisions
To minimize workplace accidents, the Act mandates protective measures such as fencing dangerous machinery, providing safety gear, and ensuring regular equipment maintenance. It also requires factories to implement emergency protocols, including fire safety measures 10and first-aid facilities.
Welfare of Workers
The Act ensures welfare provisions like restrooms, proper seating, and canteens in large factories. It also limits working hours, mandates weekly rest days, and restricts hazardous work for young workers.
By enforcing these regulations, government agencies play a vital role in safeguarding factory workers, reducing risks, and fostering a safe industrial environment. Strict compliance with the Factories Act ensures healthier, safer workplaces, leading to increased productivity and worker satisfaction.
Question 7:
At "Gajoo KIA Motors" employees usually work 8 Hours and take a days off on Friday. However Saleem who is one the employees has a more technical job.
Is it legit, under section 34, on alternative weeks Saleem can be bound to work on Friday too. If yes, explain why?
Under the Factories Act, 1934, Section 34 pertains to the weekly hours of work for adult workers. It stipulates that no adult worker shall be required or allowed to work in a factory for more than 48 hours in any week.
In the scenario at "Gajoo KIA Motors," employees typically work 8 hours per day and have Fridays off, totaling 48 hours over a six-day workweek. If Saleem, due to the technical nature of his job, is required to work on Fridays in alternate weeks, this would result in a 56-hour workweek during those weeks.
This arrangement would exceed the 48-hour weekly limit set by Section 34 and would not be permissible under the standard provisions of the Act. However, the Act does provide for certain exceptions and overtime provisions under specific circumstances, such as urgent repairs or work in factories where the work is of a seasonal nature. In such cases, the total hours of work, including overtime, must not exceed 60 hours in any week and 624 hours in any year.
Therefore, unless Saleem's additional work on Fridays falls under these specific exceptions and the factory complies with the overtime provisions, requiring him to work on Fridays in alternate weeks would contravene Section 34 of the Factories Act, 1934.
Question 8:
Every dispute is supposed to be settled by the Labour Court. Almost every division has at least one Labour Court. Besides, increasing the number of Courts what are your suggestions to improve Labour related issues and litigations?
Improving Labour Dispute Resolution and Worker Rights
While increasing the number of Labour Courts can help with backlog cases, additional measures are needed to improve labour-related issues and litigations efficiently. Here are some key suggestions:
1. Strengthening Alternative Dispute Resolution (ADR)
Encouraging mediation and arbitration mechanisms can help resolve disputes faster and reduce court burdens. Employers and employees should be encouraged to settle minor disputes through conciliation before approaching courts.
2. Digital Case Management System
Introducing an online filing and tracking system for labour disputes can streamline case handling and improve transparency. A digital database for labour cases would also help in identifying recurring issues in different industries.
3. Expedited Legal Procedures
Special fast-track procedures should be implemented for time-sensitive cases such as wrongful termination, unpaid wages, and workplace harassment.
4. Strengthening Labour Inspections
More proactive labour inspections can prevent disputes before they escalate. Regular monitoring and surprise audits can ensure compliance with labour laws.
5. Legal Awareness and Accessibility
Workers should be educated on their rights through awareness campaigns, legal aid clinics, and union workshops to ensure they can assert their rights effectively.
Implementing these measures alongside increasing Labour Courts will create a more efficient and just system for handling workplace disputes.
2021 years
Question 1-Explain the salient features of sindh civil servants efficiency and discipline rules?
The Sindh Civil Servants (Efficiency and Discipline) Rules are a set of laws that explain how government employees in Sindh should behave and what happens if they do not follow the rules. Here are the key features in simple words:
1. Who the Rules Apply To?
These rules apply to all government employees in Sindh. They are meant to ensure that civil servants work honestly, efficiently, and with discipline.
2. Misconduct & Penalties
If an employee breaks the rules, it is called misconduct. Misconduct can include:
Not doing the job properly
Disobeying orders
Being corrupt or dishonest
Misusing government property
If an employee is found guilty, they may fa
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