Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 — section 2

2. Definitions..—In this Ordinance, unless there is anything repugnant in the subject or context

(a)“collective agreement” means an 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;

(b)“commercial establishment” means an establishment in which the business of advertising, commission or forwarding is conducted, or which is a commercial agency, and includes a clerical department of a factory or of any industrial or commercial undertaking, the office establishment of a person who for the purpose of fulfilling a contract with the owner of any commercial establishment or industrial establishment, employs workmen, a unit of a joint stock company, an insurance company, a banking company or a bank, a broker’s office or stock exchange, a club, a hotel, a restaurant or an eating house, a cinema or theatre, and such other establishment or class thereof, as Government may, by notification in the official Gazette, declare to be a commercial establishment for the purposes of this Ordinance; 2 [(bb) “construction industry” means an industry engaged in the construction, reconstruction, maintenance, repair, alteration or demolition of any building, railway, tramway, harbour, dock pier, canal, inland waterway, road, tunnel, bridge, dam, viaduct, sewer, drain, water work, well, telegraphic or telephonic installation, electrical undertaking, gas work, or other work of construction as well as the preparation for, or laying the foundations of, any such work or structure;]

(c)“employer” means the owner of an industrial or commercial establishment to which this Ordinance for the time being applies, and includes

(i)in a factory, any person named under clause (e) of sub-section (1) of section 9 of the Factories Act, 1934 (XXV of 1934), as manager of the factory;

(ii)in any industrial establishment under the control of any department of the 3[Federal] or any Provincial Government, the authority appointed by such Government in this behalf, or where no such authority is so appointed, the head of the department; 1 Added by Act No. XXIII of 1973, s. 2. 2 Added by Act No. XXIII of 1973, s. 3. 3 Substituted by Act No.XLVIII of 1974, s.2.

(iii)in any other industrial or commercial establishment, any person responsible to the owner for the supervision and control of such establishment;

(d)“go-slow” means an organised, delibrate and purposeful slowing down of normal output or work by a body of workers in concerted manner and which is not due to any mechanical defect, break-down of machinery, failure or defect in power supply, or in the supply of normal materials and spare parts of machinery;

(e)“Government” means the 1[Provincial Government];

(f)“industrial establishment” means

(i)an industrial establishment as defined in clause (ii) of section 2 of the Payment of Wages Act, 1936 (IV of 1936); or

(ii)a factory as defined in clause (j) of section 2 of the Factories Act, 1934 (XXV of 1934); or

(iii)a railway as defined in clause (4) of section 3 of the Railways Act, 1890 (IX of 1890); or 2 [(iv) the establishment of a contractor who, directly or indirectly, employes workmen in connection with the execution of a contract to which he is a party, and includes the premises in which, or the site at which, any process connected with such execution is carried on; 3[or] Explanation.__ “Contractor” includes a sub-contractor, headman or agent.] 4 [(v) the establishment of a person who, directly or indirectly, employs workmen in connection with any construction industry;]

(g)“Standing Orders” means the orders contained in the Schedule, read with such modifications, if any, as may be made in pursuance of the provisions of section 4; 5 [(h) “trade union” means a trade union for the time being registered under the Industrial Relations Ordinance, 1969 (XXIII of 1969);]

(i)“workman” means any person employed in any industrial or commercial establishment to do any skilled or unskilled, manual or clerical 6[work] for hire or reward. 1 Substituted by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Article 2 read with Schedule 2 Substituted by the Labour Laws (Amendment) Act, 1972 (Act No. V of 1972), s. 2 read with Schedule. 3 Added by Act No. XXIII of 1973, s. 3. 4 Added by Act No. XXIII of 1973, s. 3. 5 Substituted by Act No. XXIII of 1973, s. 3. 6 Substituted by Act No. XXIII of 1973, s. 3.