Abstract
In a free society there is bound to be industrial unrest, and where expectations are in conflict with low or negative levels of economic growth, serious industrial unrest may be inevitable 1. (Weeks, 1979) Nevertheless, particular and useful changes may be feasible by building upon the success. 2 (Weeks, 1979) Historically, Pakistan has not used the process of arbitration as an important mean of settling the terms of new contracts between the industrial disputants. The history of arbitration as an industrial dispute solving mechanism in Pakistan goes
back as far as 1968. Therefore, the problem with conciliation and the arbitration in Pakistan has been both institutional and operational. Moreover, the arbitration in Pakistan is confined only to interest disputes. Right or grievance disputes are out side the ambit of arbitration. Being included in Pakistani labour legislation quiet recently, arbitration is an optional mean for the settlement of industrial disputes in Pakistan. The reason behind not taking off is perhaps, the financial weakness of the disputants, especially the trade unions. Another reason is that any
form of arbitration depends on both sides agreeing to take part in the process. This is not always as simple as it looks. In case of arbitration, there is considerable degree of freedom of actions and independence in the exercise of its decision-making powers because unless there is sufficient measure of independence the parities to a dispute will not agree to submit this for arbitration. The purpose of this article is to analyse the legislative arrangements pertaining to arbitration as a means of settling industrial disputes as an alternative to the strike- based system and to consider whether it has lost its relevance as a mechanism for the settlement of industrial disputes in Pakistan. As in Pakistan, a clear-cut distinction has been made between disputes of rights and disputes of interest and in case of former, there is tendency to follow a judicial method of approaching and solving the problems while in case of later, inter alia, arbitration may be adhered to for their settlement. Therefore, during the course of discussion, only arbitration as means for the settlement of interest disputes shall be focused.
Iftikhar Ahmad Tarar. (2020) Revisiting the Current Procedural and Administrative Issues of Industrial Arbitration in Pakistan, Journal of the Punjab University Historical Society, Volume 33 , Issue 2.
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