41

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:-- 41. Redress of individual grievances.--(1) A worker may bring his grievance in respect of any right guaranteed or secured to him by or under any law or any award or settlement for the time being in force to the notice of his employer in writing, either himself or through his shop steward or collective bargaining agent within three months of the day on which the cause of such grievance arises. (2) Where a worker himself brings his grievance to the notice of the employer, the employer shall, within fifteen days of the grievance being brought to his notice, communicate his decision in writing to the worker. (3) Where a worker brings his grievance to the notice of his employer through his shop steward or collective bargaining agent, the employer shall, within seven days of the grievance being brought to his notice, communicate his decision in writing to the shop steward or as the case may be the collective bargaining agent. (4) If the employer fails to communicate a decision within the period specified in subsection (2) or, as the case may be subsection (3), or if the worker is dissatisfied with such decision, the worker or the shop steward may take the matter to his collective bargaining agent or the Labour Court or, as the case may be, the collective bargaining agent may take the matter to the Labour Court, and where the matter is taken to the Labour Court, it shall give a decision within seven days from the date of the matter being brought before it as if such matter was an industrial dispute: Provided that a worker who desires to so take the matter to the Labour Court shall do so within a period of two months from the date of the communication of the employer or, as the case may be, from the expiry of the period mentioned in subsection (2), or subsection (3), as the case may be. (5) In adjudicating and determining a grievance under sub-section (4), the Labour Court shall go into all the facts of the case and pass such orders as may be just and proper in the circumstances of the case. (6) If a decision under subsection i(4) or an order under subsection (5) given by the Labour Court or a decision of the Tribunal in 'an appeal against such a decision or order is not given effect to or complied with within a week or within the period specified in such order or decision, the defaulter shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to fifty thousand rupees, or with both. (7) No person shall be prosecuted under subsection (6) except on a complaint in writing-- (a) by the workman if the order or decision in his favour is not implemented within the period specified therein; or (b) by the Labour Court, or Tribunal, if an order or decision thereof is not complied with. (8) For the purposes of this section, workers having common grievance arising out of a common cause of action may make a joint application to the Labour Court.