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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: 25. Industrial Relations Commission.- (1) The Government shall constitute an Industrial Relations Commission. (2) The Commission shall consist of not less than five members, including the Chairman. (3) The qualification for appointment as a member or as the Chairman of the Commission shall be such as may be determined by the Government. (4) The Chairman and other members of the Commission shall be appointed by the Government. (5) Two of the members shall be appointed in the prescribed manner to advise the Chairman, one to represent the employers and the other to represent industry-wise trade unions, federations of such trade unions and federations at the provincial level. (6) The Chairman of the Commission may, in addition to the representatives of workers appointed to the Commission, co-opt, in cases where he deems it necessary, from amongst workers belonging to federations at the provincial level such representatives of workers as he may deem fit. (7) The worker's representative co-opted under sub-section (6) shall be entitled to such honorarium as the Government may, on the advice of the Chairman of the Commission, determine. (8) The following shall be the functions of the Commission, namely.? (a) to promote the formation of trade unions of workers within the same industry and federation of such trade unions; (b) to adjudicate and determine a industrial dispute to which an industry-wise trade union or a federation of such trade unions is a party and which is not confined to matters of purely local nature and any other industrial dispute which is, in the opinion of the Government, of national importance and is referred to it by that Government; (c) to adjudicate and determine a industrial dispute to which an industry-wise trade union or a federation of such trade unions is a party and which is not confined to matters of purely local nature and any other industrial dispute which is, in the opinion of the Government, of national importance and is referred to it by that Government; (d) to register industry-wise trade unions, federations of such trade unions and federations; (e) to determine the collective bargaining agents amongst industry-wise trade unions, federations of such trade unions and federations; (f) to try offences punishable under‑ (i) section 72 other than sub-section (1) and (6) thereof; and (ii) any other section, in so far as they relate to employers or workers in relation to an industry-wise trade union, a federation of such trade unions, a federation at the provincial level or officers of such union or federation; (g) to deal with cases of unfair labour practices specified in sections 17 and 18 on the part of employers, workers, trade unions of either of them or persons acting on behalf of any of them, whether committed individually or collectively, in the manner laid down under section 41 or section 50 or in such other way as may be prescribed, and to take, in such manner as may be prescribed by regulations under section31, measures calculated to prevent an employer or workman from committing an unfair labour practice; and (h) such other powers and functions as the Government may, by notification in the official Gazette, assign to it from time to time. (9) The Commission may, on the application of a party, or of its own motion‑ (a) initiate prosecution, trial or proceedings, or take action, with regard to any matter relating to its functions; (b) withdraw from a Labour Court any application, proceedings or appeal relating to unfair labour practice; or (c) grant such relief as it may deem fit including interim injunction. (10) For the purpose of dealing with a case of unfair labour practice of which the Commission is seized, the Commission may‑ (a) proceed directly with the case; (b) ask the Registrar within whose jurisdiction the case has occurred or is likely to occur to enquire into it and submit a report; or (c) refer the case to a Labour Court within whose jurisdiction the case has occurred or is likely to occur, either for report or for disposal. (11) The Labour Court to whom the case is so referred shall enquire into it and, if the case was referred to it for report, forward its report thereon to the Commission or, if the case was referred to it for disposal, continue the proceedings and dispose of the case as if the proceedings had originally commenced before it and grant such relief as the Commission has the power to grant. (12) Save as provided in sub-sections (11) and (13) no Registrar, Labour Court or Tribunal shall take any action, or entertain any application or proceedings, in respect of any matter which falls within the jurisdiction of the Commission. (13) Nothing in this section shall be deemed to exclude the jurisdiction of a Labour Court to entertain cases of unfair labour practices on the part of employers or workmen, whether individually or collectively: Provided that no Court, including Labour Court, shall take any action or entertain any application or proceedings in respect of a case of unfair labour practice which is being dealt with by the Commission. Explanation.-In this section and in the succeeding provisions of this Act, the expressions ?industry-wise trade union? ?federation of such trade unions? and "federation at the provincial level" refer to a trade union membership of which extends to establishments in more than one town and a federation of trade unions whose membership extends to registered trade unions in more then one town.