30

ACT XIII of 2010 ACT XIII of 2010 BALOCHISTAN INDUSTRIAL RELATIONS ACT, 2010 An Act to consolidate and rationalize the law relating to formation of trade unions, and improvement of relations between' employers and workman [Gazette of Balochistan, Extraordinary, 22nd February, 2011] No. PAB/Legis: V (14)/2010, dated 26-10-2010.--Balochistan Industrial Relations Bill No.14 of 2010 having been passed by the Provincial. Assembly of Balochistan on 14th October, 2010 and assented to by the Governor, Balochistan on 15th October, 2010 is hereby published as an Act of the Provincial Assembly of Balochistan. 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; It is hereby enacted as follows:-- 30. Determination etc., of collective bargaining unit.--(1) Where the Commission, on an application made in this behalf, by a trade union of Workmen or a federation of such trade unions, or on a reference made by the Government; after holding such inquiry as it deems fit, is satisfied that for safeguarding the interest of the workmen employed in an 'establishment or group of establishments belonging to the same employer and the same industry, in relation to collective bargaining, it is necessary, just and feasible to determine one or more collective bargaining units of such workmen in such establishment or group, it may, having regard to the distribution of workers, existing boundaries of the components of such establishment, or group, facilities of communication, general convenience, sameness or similarity of economic activity and other cognate factors,-- (a) determine and certify one or more collective bargaining units in such establishment or group; (b) specify the modifications which, in consequence of the decision under this section, will take effect in regard to the registration of the trade unions and federations of trade unions affected by such decision and certification of collective bargaining agents among such unions and federations, nomination or election of shop stewards, and workers' representatives for participation in the management of the factories, if any, affected by such decision; (c) specify the date or dates from and the period, for which all or any of such changes shall take effect: Provided that the date so specified shall not be a date falling within the period of two years specified in subsection (I1) of section 24 in its application to a collective bargaining agent certified in respect of an establishment or establishment. Provided further that, after the receipt of a reference for determination of a collective bargaining unit, the Commission may stop or prohibit the proceedings to determine collective bargaining agent under section 24 for any establishment or group of establishments which is likely to be affected by a decision under this section. (d) take such measures or issue such directions to the Registrar as may be necessary to give effect to such modifications; and (e) determine and certify a collective bargaining agent for each such unit in accordance with section 24 insofar as applicable and with the necessary modifications, if such a unit relates to more than one town, or direct the Registrar to take such action, if such a unit relates to only one town. (2) Where the Commission issues any directions to the Registrar under this section, the Registrar shall comply with them within such period as the Commission may from time to time determine. (3) After the certification of a collective bargaining unit, no trade union shall be registered in respect of that unit except for the whole of such unit and no certification or proceedings for determination of collective bargaining agent under section 24 shall take place for a part of a collective bargaining unit or a group of collective bargaining units. (4) An order of the Commission under this section shall have effect notwithstanding anything to the contrary contained in this Act.