56
Settlements and awards on whom binding
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: 56. Settlements and awards on whom binding.- (1) A settlement arrived at in the course of a conciliation proceedings, or otherwise between the employer and the collective bargaining agent or an award of an arbitrator prescribed under section 47, or an award or decision of a Labour Court delivered under section 54 or the decision of the Tribunal under section 55 shall‑ (a) be binding on all parties to the industrial dispute; (b) be binding on all other parties summoned to appear in any proceedings before a Labour Court as parties to the industrial dispute, unless the Court specifically otherwise directs in respect of any such party; (c) be binding on the heirs, successors or assignees of the employer in respect of the establishment to which the industrial dispute relates where an employer is one of the parties to the dispute; and (d) where a collective bargaining agent is one of the parties to the dispute, be binding on all workmen who were employed in the establishment or industry to which the industrial dispute relates on the date on which the dispute first arose or who are employed therein after that date: Provided that, where a collective bargaining agent or a trade union performing the functions of a collective bargaining agent under section 71 exists, the employer shall not enter into a settlement with any other trade union, and any contravention of this provision shall be deemed to be an unfair labour practice under section 17. (2) A settlement arrived at by agreement between the employer and a trade union otherwise than in the course of conciliation proceedings shall be binding on the parties to the agreement.