58
Commencement and conclusion of proceedings
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: 58. Commencement and conclusion of proceedings.- (1) A conciliation proceeding shall be deemed to have commenced on the date on which a notice of strike or lock-out is received by the Conciliator under section 44. (2) A conciliation proceeding shall be deemed to have concluded‑ (a) where a settlement is arrived at, on the date on which a memorandum of settlement is signed by the parties to the dispute; and (b) where no settlement is arrived at ? (i) if the dispute is refereed to an arbitrator under section 47 on the date on which the arbitrator hasgiven his award or otherwise; or (ii) on the date on which the period of the notice of strike or lock-out expires. (3) Proceedings before a Labour Court shall be deemed to have commenced; (a) in relation to an industrial dispute, on the date on which an application has been made under section 48 or section 50, or on the date on which it is referred to the Labour Court by the Government under section 48 or section 49; and (b) in relation to any other matter, on the date on which it is referred to the Labour Court. (4) Proceedings before the Commission in relation to a dispute referred to it under section 48 or section 49 or to a dispute raised under section 51 shall be deemed to have commenced on the date on which the reference is made to it or, as the case may be, the dispute is raised before it. (5) Proceedings before the Commission or a Labour Court shall be deemed to have concluded on the date on which the award or decision is delivered under sub-section (1) of section 54.