65
Conditions of service to remain unchanged while proceedings pending
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: 65. Conditions of service to remain unchanged while proceedings pending.-(1) No employer shall, while any conciliation proceedings or proceedings before an Arbitrator, a Labour Court or Tribunal in respect of an industrial dispute are pending, alter to the disadvantage of any workmanconcerned in such dispute, the conditions of service applicable to him before the commencement of the conciliation proceedings or of the proceedings before at the Arbitrator, the Labour Court or Tribunal, as the case may be, nor shall he‑ (a) save with the permission of the Conciliator, while any conciliation proceedings are pending; or (b) save with the permission of the Arbitrator, the Labour Court of Tribunal, while any proceedings before the Arbitrator, Labour Court or Tribunal are pending discharge, dismiss or otherwise punish any workman except for misconduct not connected with such dispute. (2) Notwithstanding anything contained in sub-section (1), an officer of a registered trade union shall not, during the pendency of any proceedings referred to in sub-section (1), be discharged, terminated, dismissed or otherwise punished for misconduct, except with the previous permission of the Labour Court. However, the terms and conditions of the employment secured by the workers through collective bargaining, agreements, settlements, awards and decisions of Courts shall continue to be binding upon the parties until revised for betterment of workers.