Federal Government extends Essential Services Act 1952 in PIA for another 6 months

Author: Masroor Afzal Pasha

KARACHI: Federal Government has extended Pakistan Essential Services (Maintenance) Act 1952 for another six months in Pakistan International Airline Corporation (PIAC), it was reliably learnt on Friday. Sources told Daily Times that the last Pakistan Essential Services (Maintenance) Act 1952 was imposed in January 2016 which expired in end July, 2016. According to documents seen by this scribe, Pakistan Essential Services (Maintenance) Act 1952 (LIII of 1952) is now applicable since August 24 2016, on all classes of employment in PIAC for period of six months. Act provides that its provisions shall have effect, notwithstanding anything to the contrary contained in the Industrial Relations Act 2012, or any other law or rules framed thereunder. The application of the Act imposes number of obligations on employees with regard to performances if their duties, breach of which is not only a misconduct under corporation’s rules, but also an offence under this Act. For information, guidance and welfare of employees it is desirable that offences and penalties under this Act are notified. The offences have been enumerated under Section 5 & 7 of Pakistan Essential Services (Maintenance) Act 1952. The relevant extracts are reproduced herein; Under Pakistan Essential Services (Maintenance) Act 1952, the Offences are; (a) any person engaged in any employment or class of employment to which this Act applies is guilty of any offence who; disobeys any such order, or without reasonable excuse abandons such employment or absent himself from work or refuses to work or to continue to work, whether or not acting in combination with or under a common understanding of any other person engaged in such employment, or departs from any area specific in an order sub-section (I) of section 4 without the consent of the authority making that order. (b) Whoever instigates or incites any person engaged in any employment or class of employment to which this Act applies, to commit an offence under this Act, or knowingly expends or supplies any money or otherwise acts in furtherance of the commission of such an offence, shall be deemed to have committed that offence. Under Pakistan Essential Services (Maintenance) Act 1952, penalties are; any person found guilty of an offence under this Act shall be punishable with imprisonment for a term of which may extend to one year and shall also be liable to fine. Under Pakistan Essential Services (Maintenance) Act 1952, employees are advised to refrain from indulging in any activity which may tantamount to an offence under this said Act, falling which they may become liable to prosecution in a Court of Law, besides disciplinary action under the Corporation’s rules.

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