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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: 64. Procedure in cases of illegal strikes or lock-out.-(1) Notwithstanding anything contained in any other provision of this Act or in any other law for the time being in force, an Officer of the Labour Department not below the rank of Assistant Director Labour Welfare hereinafter in this section referred to as the Officer, may make enquiries in such manner as he may deem fit into an illegal strike or illegal lock-out in a factory and make a report to the Labour Court. (2) After completing the enquiry the Officer shall serve a notice on the employer and the collective bargaining agent or the registered trade union concerned with the dispute to appear before the Labour Court on a date to be fixed by that Court. (3) The Labour Court may, within ten days following the day on which it receives a report under sub-section (1), after considering the report and hearing such of the parties as appear before it, order the strike to be called off or the lock-out to be lifted. (4) If the employer contravenes the order of the Labour Court under sub-section (3) and the Court is satisfied that the continuance of the lock-out is causing serious hardship to the community or is prejudicial to the national interest, it may issue an order for the attachment of the factory and for the appointment of an official receiver for such period as it deems fit, and such period as may be varied from time to time. (5) The official receiver shall exercise the powers of management and may transact business, enter into contracts, give valid discharge of all moneys received and do or omit to do all such acts as are necessary for conducting the business of the factory, establishment or group of establishments. (6) The Labour Court may, in appointing and regularizing the work of an official receiver exercise the powers of a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908). (7) If the workers contravene the order of the Labour Court under sub?section (3), the Court may pass orders of dismissal against all or any of the striking workers and, notwithstanding anything to the contrary contained in this Act, if the Court, after holding such inquiry as it deems fit, records its finding that any registered trade union has committed or abetted the commission of such contravention, the finding shall have the effect of cancellation of the registration of such trade union and debarring all officers of such trade union from holding office in that or in any other trade union for the un-expired term of their offices and for the term immediately following: Provided that the Court may review its orders if good and sufficient cause is shown by an affected worker within seven days of such orders of dismissal. (8) Subject to any rules made by the Government in this behalf, the officer may, for the purpose of enquiry under sub-section (1), within the local limits for which he is appointed, enter with such assistants, if any, being persons in the service of Pakistan, as he thinks fit, in a factory, establishment or group of establishments where he has reason to believe an illegal strike or lock-out to be in progress, and make such examination of the premises and plant and of any registers maintained therein and take on the spot or otherwise such evidence of persons and exercise such other powers as he may deem necessary for carrying out the purposes of this section. (9) The officer shall have authority to call any party to such dispute to his office or secure his presence in the factory, establishment or group of establishments and shall also have the power to bind any party to the dispute to appear before the Labour Court. (10) Where a party to an illegal strike or lock-out, on being required or bound under this section to appear before the officer or the Labour Court, does not so appear, the officer or Labour Court, as the case may be, may, besides taking such other action as may be admissible under this Act, proceed ex parte.