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ORDINANCE II of 2010 ORDINANCE II of 2010 BALOCHISTAN INDUSTRIAL RELATIONS ORDINANCE, 2010 An Ordinance to consolidate and rationalize the law relating to formation of trade unions, and improvement of relations between employers and workman [Gazette of Balochistan, Extraordinary, 28th July, 2010] No.Legis.2-132/Law/2010, dated 28-7-2010.--The following Ordinance made by the Governor of Balochistan on 22nd July, 2010 is hereby published for general information:‑ Whereas it is expedient to consolidate and rationalize the law relating to formation of trade unions, regulation of relations between employers and workman and the avoidance and settlement of any differences or disputes arising between them or matters connected therewith and ancillary thereto; And whereas the Provincial Assembly of Balochistan is not in session and the Governor of Balochistan is satisfied that circumstances exist which render it necessary to take immediate action; Now, therefore, in exercise of the powers conferred by Clause (1) of Article 128 of the Constitution, the Governor is pleased to make and promulgate the following Ordinance: 2. Definitions.- In this Act unless there is anything repugnant in the subject or context,- (a) arbitrator means a person appointed as such under section 47; (b) award means the determination by a Labour Court, Arbitrator or Appellate Tribunal of any industrial dispute or any matter relating thereto and includes an interim award; (c) collective bargaining agent in relation to an establishment or industry, means the trade union of the workmen which under section 24, is the agent of workmen in the establishment or, as the case may be, industry, in the matter of collective bargaining; (d) collective bargaining unit means those workers or class of workers of an employer in one or more establishment falling within the same class of industry whose terms and conditions of employment are, or could appropriately be, the subject of collective bargaining together; (e) Commission means the Industrial Relations Commission constituted under section 25; (f) conciliation proceedings means any proceedings before a conciliator; (g) Conciliator means,- (i) in respect of disputes which the Commission is competent to adjudicate and determine, a person appointed as such under sub-section (2) of section 43; and (ii) in respect of other disputes, a person appointed as such under sub-section (1) of that section; (h) employer in relation to an establishment, means any person or body of persons, whether incorporated or not, who or which employs workmen in the establishment under a contract of employment and includes‑ (i) an heir, successor or assignor, as the case may be, of such person or body as aforesaid; (ii) any person responsible for the management, supervision and control of the establishment; (iii) in relation to an establishment run by or under the authority of any department of the Federal Government or Provincial Government, the authority appointed in this behalf or, where no authority is so appointed, the Head of the department; (iv) in relation to an establishment run by or on behalf of a local authority, the officer appointed in this behalf, or where no officer is so appointed, the chief executive officer of that authority; Explanation.- For the purpose of distinction from the category of workers or workmen , officers and employees of a department of the Federal Government or a Provincial Government or local authority who belong to the superior, managerial, secretarial, directorial, supervisory or agency staff and who have been notified for this purpose in the official Gazette shall be deemed to fall within thecategory of employers ; and (v) in relation to any other establishment, the proprietor of such establishment and every director, manager, secretary, agent or officer or person concerned with the management of the affairs thereof; (i) establishment means any office, firm, factory, society, undertaking, company, shop, premises or enterprise, which employs workmen directly or through a contractor for the purpose of carrying on any business or industry and includes all its departments and branches, whether situated in the same place or in different places and except in section 30 includes a collective bargaining unit, if any, constituted by any establishment or group of establishments; (j) executive means the body, by whatever name called, to which the management of the affairs of a trade union is entrusted by its constitution; (k) Government means Government of Balochistan. (l) illegal lock-out means a lock-out declared, commenced or continues otherwise than in accordance with the provisions of this Act; (m) illegal strike means a strike declared, commenced or continues otherwise than in accordance with the provisions of this Act; (n) industrial dispute means any dispute or difference between employers and employers or between employers and workmen or between workmen and workmen which is connected with the employment or non-employment or the terms of employment or the conditions of work of any person, and is not in respect of the enforcement of such right guaranteed or accrued to him by or under any law other than this Act, or any award or settlement for the time being in force; (o) industry means any business, trade, manufacture, calling, service, employment or occupation of producing goods or services for sale excluding those set up for charitable purposes; (p) inspector means an inspector appointed under this Act; (q) Labour Court means a Labour Court established under section 52; (r) lock-out means the closing of place of employment or part of such place, or the suspension, wholly or partly, of work by an employer, or refusal, absolute or conditional, by an employer to continue to employ any number of workmen employed by him, where such closing, suspension or refusal occurs in connection with an industrial dispute or is intended for the purpose of compelling workmen employed to accept certain terms andconditions of or affecting employment; (s) officer in relation to a trade union, means any member of the executive thereof but does not include an auditor or legal adviser; (t) organization means any organization of workers or of employers for furthering and defending the interests of workers or of employers; (u) prescribed means prescribed by rules; (v) public utility service means any of the services specified in the Schedule; (w) registered trade union means a trade union registered under this Act; (x) Registrar means a Registrar of trade unions appointed under section 14; (y) rules means rules made under this Act; (z) settlement means a settlement arrived at in the course of a conciliation proceeding, and includes an agreement between an employer and his workmen arrived at otherwise than in the course of any conciliation proceedings, where such agreement is in writing, has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to the Provincial Government, the Conciliator and such other person as may be prescribed; (aa) strike means a cessation of work by a body of persons employed in any establishment acting in combination or a concerted refusal, or refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment; (bb) trade union means any combination of workmen or employers formed primarily for the purpose of regulating the relations between workmen and employers, or workmen and workmen or employers and employers, or for imposing restrictive conditions on the conduct of any trade or business and includes a federation of two or more trade unions; (cc) Tribunal means a Labour Appellate Tribunal constituted under section 55; and (dd) worker and workman mean person not falling within the definition of employer who is employed (including employment as a supervisor or as an apprentice) in an establishment or industry for hire or reward either directly or through a contractor whether the terms of employment express or implied, and, for the purpose of any proceedings under this Act in relation to an industrial dispute includes a person who has been dismissed, discharged, retrenched, laid-off or otherwise removed from employment in connection with or as a consequence of that dispute or whose dismissal, discharge, retrenchment, lay-off, or removal has led to that dispute but does not include any person who is employed mainly in managerial or administrative capacity.