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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: 55. Labour Appellate Tribunal.- (1) The Government may, by notification in the official Gazette, constitute as many Tribunals consisting of one member as it may consider necessary and, where it constitutes more than one Tribunal, shall specify in the notification the territorial limits within which or the class of cases in relation to which, each one of them shall exercise jurisdiction under this Act. (2) The member of the Tribunal shall be a person who is qualified to be appointed a Judge of High Court and shall be appointed in consultation with the High Court on such terms and conditions as Government may determine. (3) The Tribunal may, on appeal, confirm, set aside, vary or modify the award or decision given under section 41 or section 51 or a sentence passed under clause (c) of sub-section (4) of section 52 and shall exercise all the powers conferred by this Act to the Court, save as otherwise provided. The decision of the Tribunal shall be delivered as expeditiously as possible, within a period of sixty days following the filing of the appeal, provided such decision shall not be rendered invalid by reason of any delay in its delivery. (4) The Tribunal may, on its own motion at any time, call for the record of any case or proceedings under this Act in which a Labour Court within its jurisdiction has passed an order for the purpose of satisfying itself as to the correctness, legality, or propriety of such order, and may pass such order in relation thereto as it thinks fit: Provided that no order under this sub-section shall be passed revising or modifying any order adversely affecting any person without giving such person a reasonable opportunity of being heard. (5) The Tribunal shall follow such procedure as may be prescribed. (6) The Tribunal shall have authority to punish for contempt of its authority, or that of any Labour Court subject to its appellate jurisdiction, as if it were a High Court. (7) Any person convicted and sentenced by the Tribunal under sub?section (6) to imprisonment for any period, or to pay a fine exceeding fifteen thousand rupees, may prefer an appeal to the High Court. (8) A Tribunal may, on its own motion or on the application of a party, transfer any application or proceeding from aLabour Court within its jurisdiction to any other such Labour Court. (9) Notwithstanding anything contained in sub-section (3) if in an appeal preferred to it against the order of a Labour Court directing the re?instatement of a workman, the Tribunal makes an order staying the operation of the order of the Labour Court, the Tribunal shall decide such appeal within twenty days of its being preferred: Provided that, if such appeal is not decided within the period aforesaid, the order of the Tribunal shall stand vacated on the expiry of that period.