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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: 26. Benches of the Commission, etc.- (1) The Chairman shall exercise general superintendence over its affairs. (2) for the efficient performance of the functions of the Commission, the Chairman shall constitute‑ (a) a Full Bench of the Commission which shall consist of not less than three members of the Commission; and (b) as many other Benches of the Commission consisting of one or more members of the Commission as he may deem fit. (3) The Benches shall‑ (a) in relation to cases based on allegations of unfair labour practices brought before the Commission for trial of offences, or enforcement of, or for redress of individual grievances in respect of, any right guaranteed or secured to any employer or worker by or under any law or any award or settlement, perform such functions and exercise such powers as are performed and exercised by a Labour Court;and (b) in relation to industry-wise trade unions, federations of such trade unions, federations at the provincial level and cases referred to the Commission, perform such functions and exercise such powers as are performed and exercised by a Registrar, a Labour Court or a Tribunal in relation to trade unions and federations of trade unions within a Province, and, for this purpose, any reference in this Act to a "Registrar?, ?Labour Court", or as the case may be, "Tribunal" shall be deemed to be a reference to theappropriate Bench of the Commission to which such functions are assigned: Provided that, in the performance of those functions and in the exercise of those powers, the Benches shall, unless otherwise provided in this Act, follow the procedure laid down in the regulations to be made under section 31. (4) If any member of the Commission is absent from, or is otherwise unable to attend any sitting of the commission or of a Bench consisting of more than one members of which he is a member, the proceedings of the Commission or Bench may continue, and the decision or award may be given or judgment or sentence may be passed in the absence of such member, and no act, proceedings, decision, or award of the Commission or Bench shall be invalid or be called in question merely on the ground of such absence or of the existence of vacancy in or any defect in the constitution of the Commission or Bench. (5) If the members of a Bench differ in opinion as to the decision to be given on any point,- (a) the point shall be decided according to the opinion of the majority, if there is a majority; and (b) If the members are equally divided, they shall state, the point on which they differ and the case shall be referred by them to the Chairman for hearing on such point by one or more of the other members of the Commission, and such point shall be decided according to the opinion of the majority of the members of the Commission who have heard the case, including those who first heard it: Provided that if, upon any matter requiring the decision of a Bench which includes the Chairman of the Commission as one of its members, there is a difference of opinion among its members and the members so constituting the Bench are equally divided, the opinion of the Chairman shall prevail and thedecision of the Bench hall be expressed in terms of the views of the chairman. (6) Any order or decision made, award given, sentence passed, power exercised, functions performed or proceedings taken by any Bench of the Commission in accordance with-this Act and the order constituting the Bench shall be deemed to be the order or decision made, award given, sentence passed, power exercised, functions performed or proceedings taken, as the case may be, by the Commission. Explanation.- In this section, the expression "The Chairman of the Commission" includes such member of the Commission to be known as Senior Member as the Chairman may nominate to perform the functions, and exercise the powers of the Chairman during his absence.