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53

Procedure and powers of Labour Court

Act: Balochistan Industrial Relations Ordinance 2010

Section Provisions

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: 53. Procedure and powers of Labour Court.- (1) Subject to the provisions of this Act, while trying an offence a Labour Court shall follow as nearly as possible summary procedure as prescribed under the Code of Criminal Procedure, 1898 (V of 1898). (2) A Labour Court shall, for the purpose of adjudicating and determining any industrial dispute, be deemed to be a Civil Court and shall have the same powers as are vested in such Court under the Code of Civil Procedure, 1908 (Act V of 1908), including the powers of‑ (a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents and material objects; and (c) issuing commissions for the examination of witnesses or documents. (3) A Labour Court shall, for the purpose of trying an offence under this Act or the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (W.P. Ordinance VI of 1968) have the same powers as are vested in the Court of a Magistrate of the first class specially empowered under section 30 of the Code of Criminal Procedure, 1898 (V of 1898). (4) No court fee shall be payable for filing, exhibiting or recording any document in, or obtaining any document from, a Labour Court. (5) If the parties to a case, at any time before a final order is passed by the Labour Court satisfy the Labour Courtthat the matter has been resolved by them amicably and that there are sufficient grounds for withdrawing the case, it may allow such withdrawal.