This is default featured slide 1 title

Go to Blogger edit html and find these sentences.Now replace these sentences with your own descriptions.

This is default featured slide 2 title

Go to Blogger edit html and find these sentences.Now replace these sentences with your own descriptions.

This is default featured slide 3 title

Go to Blogger edit html and find these sentences.Now replace these sentences with your own descriptions.

This is default featured slide 4 title

Go to Blogger edit html and find these sentences.Now replace these sentences with your own descriptions.

This is default featured slide 5 title

Go to Blogger edit html and find these sentences.Now replace these sentences with your own descriptions.

Saturday, 29 March 2014

Deduction At Source | Law


Concept of deduction at source

It is necessary for certain persons to deduct or recover the amount of tax payable by tax payer and deposit this amount with tax authorities.Such deductions are known as deductions at source.A deduction at source is a method of the collection of tax on income.

        Importance of deduction at source

Deduction of tax makes collection of tax easy and saves time for filing return.
Following principles are laid down for deduction on income tax.
i- Expenditure should be from tax payer
ii- Expenditure should be in that particular income year

Deduction at source and tax collection

Cases of deduction at source

Part v chapter x has specified the following cases where tax shall be deducted.
It is necessary for employer to deduct the tax from taxable salary of every employee. All resident companies are requiring deducting the tax while paying dividends to any person. Every person is required to deduct the tax from the amount paid to non-resident for their resident. Every person is required to deduct the tax from the amount paid on account of supply of goods and services.

 A person is required to deduct the amount of tax out of the amount of rent if it is paid on behalf of,
i- Government
ii- Local authorities
iii- Company
iv- N G O
Table of deduction at source

It is the tax laws to deduct the income of the tax paye. It is the principal of the income tax ordinance . NAB court has authority to decision the latest cases.
An authorized dealer in foreign exchange is required to deduct the tax on exports at the time of foreign exchange. Every person while paying an amount of prize or prize bound is required to deduct the tax. Every person is required while selling petroleum products to deduct 10% of tax.

Following are the advantages of collection of tax by deduction.
i- Chances of evasion of income tax are minimizes
ii- Lengthy recovery proceedings are avoided
iii- Speedy collection of tax
iv- In time payment of tax

Unfair Labor Practice| education

concept of unfair labor practice

The main objects of industrial relations ordinance 2010 are to regulate the relations of industrial nature. It provides complete code of conduct for employer and employee and prohibits certain acts termed as unfair labor practice. “Any conduct prohibited by the state or federal laws governing the relations among employers’ employee and labor organization.” Unfair labor practices are of two types.

woker strike on the industry


unfair labor practice on the part of workmen

Following are the major unfair labor practices on the part of workmen.It is unfair on the part of workmen that he persuades any workmen to join or refrain from joining any trade union. If a workman intimidates any person of to cease to be member of trade union it shall be unfair labor practice by workman.  The workman does an unfair labor practice by inducing through advantages from ceasing to be a member of any trade union.

To persude from trade union

 It is unfair on the part of workman that he compels or attempt to compel the employer to accept any demand. Illegal strike by the workman either actually or by supplying money is an unfair labor practices. Go slow by the workman is an unfair labor practice under labor laws. 
It includes
a- Instigation of illegal strike or go slow
b- Incitement of illegal strike or go slow

unfair labor practice

The workman shall be liable to fine up to 20 thousand rupees.
Following are the unfair labor practices on the part of employers. Trade union does not include any condition for joining the membership of it if employer does so it will be an unfair labor practice. If employer refuses to employ or continue to employ any person is an unfair labor practice. Any discrimination with respect to promotion and employment shall amount to unfair labor practice by the employer.It is the great achivement  to education in pakistan. there are many methods to strike in the industry. The worker should get education. The worker refrain the illgal strikes.

        Employer dismisses a workman from his employment shall be an unfair               labor practice. Dismiss from employment includes,
a- Discharge from employment
b- Removal from employment
c- Transfer from employment 
It is an unfair labor practice where employer injuries or threats to injure a workman in respect of his employment.  Where employer induces a workman to be a member of trade union by offering some advantages is called unfair labor practices. Where employer compels or attempts to compel any officer of collective bargaining agent for settlement of an affair is an unfair labor practice. If employee interferes if in secret belting it shall be an unfair labor practice.

Where employer puts an end or close down the establishment it will be an unfair labor practice.
Any commencement or taking part into illegal lockout shall be an unfair labor practice.
It includes
a- Instigation of illegal lock out or go slow
b- Incitement of illegal locks out or go slow
         Employers shall be liable for fine up to 30 thousand rupees.
  






Wednesday, 26 March 2014

Income Tax Authorities | lawyers

Concept of income tax authorities

Income tax ordinance 2001 provides details of official bodies appointed to run the income tax machinery of the country. These authorities are called administration of tax system. Authorities who are appointed for proper administration of tax system are called income tax authority.

i- Federal board of revenue
ii- Chief Commissioner income tax
iii- Commissioner income tax (Appeal)
iv- Additional commissioner income tax
v- Deputy Commissioner income tax
vi- Inspector income tax
vii- Supertendant income tax

Federal Board of revenue

Federal board of revenue

Old name of federal board of revenue was constituted under federal board of revenue act 2007. It consists of four members. It has a chairman who is appointed by federal government.

Functions of board of revenue

Following are the powers and functions of federal board of revenue.
i- Power to appoint income tax officer
ii- Power to assign functions and area to income tax authorities
iii- Power to assign duties to commissioner income tax (appeal)
iv- Power to form fiscal policies
v- Power to lay and collect taxes
vi- Power to decide appeals
vii- Power to grant specific method of accounting
viii- Power to make rules for administration

ix- Power to determine procedure of return
x- Power to make rules for deductions
xi- Power to decide applications
xii- Power to transfer income tax authorities
xiii- Power to prescribe form for income tax collection
xiv- Power to constitute committee for alternate dispute resolution
xv- Power to determine basic taxable income
xvi- Power to make rules for valuation



The old name of chief commissioner income tax was original income tax officer. Federal board of revenue appoints chief commissioner income tax. Federal board of revenue has power to income tax returns. It is the power of chief commissioner to call for exemptions. It  is the procedure of the income tax ordinance to return the file.

Chief Commissioner income tax can perform following powers and functions.
i- Power to transfer jurisdiction for specific cases
ii- Power to revise certain orders
iii- Power to call for exemptions
iv- Power to appoint its subordinates
v- Power to delegate his powers
vi- Power to resolve dispute between two commissioners
vii- Power to rectify mistakes
viii- Power to conduct the internal audits.
ix- Power to grant license to practitioners
x- Power to inspect the performance of subordinates
xi- Power to supervise the tax recovery

Commissioner income tax appeal is appointed by federal board of revenue. He deals with appeal matters only.
Tax Exemption

i- Power to admit appeal
ii- Power to adjourn proceedings
iii- Power to allow a new grounds of appeal
iv- Power to call inquiries
v- Power to set aside assessment
vi- Power to confirm assessment
vii- Power to decrease the amount of the assessment
viii- Power to impose penalties
ix- Power to increase amount of assessment

Commissioner income tax can also be appointed by the federal board of revenue. The commissioner has to perform his functions for collection of tax in that area. Where commissioner is appointed for no-specific area, he shall perform his functions accordingly.



Individual Grievance | legal Education


concept of individual grievance

As it was held in case 2011 PLD Kar 167 that where an individual worker has faced any grievance against the employer, his individual grievance must be noticed to the employer through his shop steward or collective bargaining agent.
Law of individual grievances was discussed u/s 46 of industrial relation ordinance 2002. That he is a workman who can redress his individual grievance under industrial relation ordinance 2010.Locus standi for redressal of individual grievance with his workman.

Cases for redressal

In following cases or rights a workman can redress his individual grievance.
i- Rights under industrial relation ordinance 2010
ii- Rights under any other law
iii- Rights under any settlement or award

Redressal system 

Subjects of individual grievances

 Subjects under discussion for individual grievances shall be any one of the followings
i- Termination of worker
ii- Removal of worker
iii- Retrenchment of worker
iv- Dismissal from service

Above discussed matters shall be enforced in accordance with sec 37 of industrial relation ordinance 2010. Industrial relation ordinance provides the procedure for resressal of individual grievances. A grievance notice is an essential pre-condition for the redressal of the individual grievances. Notice shall be in writing through shop steward or collective bargaining agent.
Within one month of cause of such grievance, the notice shall be filed.

Table of settlement of grievance


 After receiving the notice of grievance from the workman, the employer shall make a decision. The employer shall communicate his decision in writing to the worker within 15 days of decision. If worker is aggrieved from the decision of the employer, he may refer the matter in following two ways.
i- Matter to collective bargaining agent
ii- Petition to labor court 

If the worker has the knowledge legal education so that the worker can solve his problems. The worker can train his legal education then the worker to file Petition to labor court can only be filed in case where collective bargaining agent has itself filed the grievance notice.
Within 2 months from the date of communication of decision.
i- Imprisonment up to one year
ii- Fine up to 50 thousand rupees
iii- Or both


Misconduct | Law


Concept of misconduct

Certain acts and omissions have been declared to be actionable under the standing order no 15 of industrial and commercial employment ordinance 1968.  “Misconduct is an act prejudicially against the benefits of others” Any willful disobedience to any superior authority would amount the misconduct.

Theft fraud of misconduct 

Disobedience must be deliberate and intentional. Theft, fraud or dishonesty in connection with the employer’s business or property. Intentionally or deliberate damage or loss of employer’s goods or property shall be a misconduct. Taking or giving bribes or any illegal gratification shall be amount to misconduct. Habitual absence without leave or with leave for more than 10 days is misconduct. Habitual late attendance of the workmen by aggregate of fact is called the misconduct.

Presentation on misconduct

Definition of misconduct

 Any breach of law habitually made by the workman is called misconduct. Workman is liable to pay fine under payment and wages act 1936 up to 3 paisa per rupee of wagee. Increments or promotion for specific period not exceeding one year shall be with – hold as punishment. A workman may also be punished by way of dismissal from service without payment of any compensation. Following are the matters to be fulfilled for dismissal of a workman as his punishment.

The worker has knowledge of legal education then the worker can not violate the law. the worker has many facility to get legal education. If the worker can not obey this law then Charge sheet is the first step of punishing the workman with dismissal from service under Standing order no 15 (4). Purpose of charge sheet is to communicate the specific charge or charges together with the allegation. Charge sheet must be in written form. Language of charge sheet must be such which can be understood by the workman.


a- Charge sheet must contain full particulars of alleged misconduct.
b- The manner in which it is alleged to have been committed
c- Any other matter that is proposed to be taken into consideration
d- The final order passed on case


a- Name and designation of superior whose disobedience has been committed
b- Nature and particulars of orders disobeyed
c- Manner in which order was issued and disobeyed by workman
d- Time, place and date of alleged disobedience

Charge sheet must be issued within one month from commission of alleged misconduct. Workman shall be given an opportunity to explain circumstances of alleged misconduct against him. When reply to charge sheet is not satisfactory, the inquiry shall be held. In the end, the employer shall approve the dismissal order of a workman. The order of dismissal shall be nullity in the eye of law

Tuesday, 25 March 2014

Functions Of Labour Court | education



concept of function of labor court


The labor courts u/s 48 of industrial relation ordinance 2010 has been established which secures the rights of both employer and workmen.
Labor court means a court established u/s 48 of industrial relation ordinance 201
Government may by notification in the official gazette establish labor court under industrial relation ordinance 2010.

Labour court

Appointment of presiding officer

A labor court shall consist of one presiding officer appointed by the government.
Presiding officer must be,
i- Qualified to be district judge or additional district judge
ii- Has been district judge or additional district judge

Functions of labor court

Following are the major functions of the labor court
Any dispute between,
a- Employer and employer
b- Employer and workman
c- Workman and workman
a- Dispute of employment or non-employment
b- Dispute as terms of employment
c- Dispute as to conditions of work

Chart of labor court

Labor court shall adjudicate any matter relating to the violation of a settlement. Labor court itself shall try offences under this ordinance or such other law enforce. The labor court shall deal with the cases of unfair labor practices on the part of employers and workers. Labor court can perform some other functions as may be conferred upon or assigned to it. Procedure of labor courts for trying the offences or performing functions shall be as follow. 

Labor court decide the case. It has the power of court to resolve the matter of workers. Latest cases are available in the monthly digests. the worker has right to file case in the labor court. Labor court shall follow the procedure as a magistrate of 1st class specially empowered u/s 30 of code of criminal procedure 1898.

While adjudicating industrial dispute, labor court shall be deemed to be a civil court and shall have powers as are vested in such court under the code of civil procedure 1908. For filing a case in labor court no court fee shall be imposed.
If parties resolve their matter the labor court may allow withdrawn of such case.