48

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:-- 48. Strike and lock-out.--(l) If no settlement is arrived at during the course of conciliation proceedings and the parties to the dispute, do not agree to refer it to an arbitrator under section 47, the workmen may go on strike or, as the case may be, the employer may declare a lock-out, on the expiration of the period of the notice under section 44 or upon a declaration by the Conciliator that the conciliation proceedings have failed, whichever is the later. (2) The party raising a dispute may at any time either before or after the commencement of a strike or lock-out make an application to the Labour Court for adjudication of the dispute. (3) Where a strike or lock-out lasts for more than thirty days, the Government, may by order in writing, prohibit the strike or lock-out: Provided' that the Government with the consultation of Commission, may with respect to any other strike or lock-out, by order in writing, prohibit a strike or lock-out at any time before the expiry of thirty days, if it is satisfied that the continuance of such a strike or lock-out is causing serious hardship to the community or is prejudicial to the national interest. (4) In any case in which the Government prohibits a strike or lock-out, it shall forthwith refer the dispute to the Commission or, as the case may be, the Labour Court. (5) The Commission or, as the case may be, the Labour Court shall, after giving both the parties to the dispute an opportunity of being heard, make such award as it deems fit as expeditiously as possible but not exceeding thirty days from the date on which the dispute referred to it: Provided that the Commission or as the case may be, the Labour Court may also make an interim award on any matter in dispute: Provided further ,that any delay by the Commission or, as, the case may be, the Labour Court in making an award shall not affect the validity of any award made by it. (6) An award of the Commission or, as the case may be, the Labour Court shall be for such period as may be specified in the award which shall not be more than two years.