Last Change:

05/01/2025

Balochistan Industrial Relations Act, 2010

Year: 2010

Type: Domestic law

Rights Category: Work & Workplace rights

Description

An Act to consolidate and rationalize the law relating to formation of trade unions, and improvement of relations between employers and workman. 

Selected provisions
Section 52 - Labour Court.

(1) The Government may, by notification in the official Gazette, establish as many Labour Courts as it considers necessary and, where it establishes more than one Labour Court, shall specify in the notification the territorial limits within which or the industries or classes of cases in respect of which, each one of them shall exercise jurisdiction under this Act.
(2) A Labour Court shall consist of one Presiding Officer appointed by the Government.
(3) A person shall not be qualified for appointment as Presiding Officer unless he has been or is, or is a District Judge or an Additional District Judge:
Provided that the Government, may in consultation with the High Court of Balochistan, appoint any person not so qualified to be the Presiding Officer of a Labour Court.
(4) A Labour Court shall-
(a) adjudicate and determine an industrial dispute which has been referred to, or brought before it under this Act;
(b) enquire into and adjudicate any matter relating to the implementation or violation of a settlement which is referred to it by the Government;
(c) try offences under this Act and such other offences under any other law as the Government may, by notification in the official Gazette, specify in this behalf; and
(d) exercise and perform such other powers and functions as are or may be conferred upon or assigned to it by or under this Act or any other law.

Section 41 - Redress of individual grievances.

(1) to discuss any other matter of mutual interest with a view to promoting better labour-management relations. 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 sub-section (2) or, as the case may be sub-section (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 were 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 sub-section (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 sub-section (4) or an order under sub-section (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 sub-section (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.

Section 3 - Trade unions and freedom of association.

Subject to the provisions of this Act and notwithstanding any other law for the time being in force,-
(a) workers, without distinction whatsoever, shall have the right to establish and, subject to the rules of the organization concerned, to join associations of their own choice without previous authorization:
Provided that no worker shall be entitled to be a member of more than one trade union at any one time and on joining another trade union the earlier membership shall automatically stand cancelled;
(b) employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organization concerned, to join other associations of their own choice without previous authorization;
(c) every trade union and employers association shall frame its own constitution and rules to elect its representatives in full freedom to organize its administration and activities and to formulate its programmes; and
(d) workers’ and employers’ organizations shall have the right to establish and join federations and confederations and any such organization, federation or confederation shall have the right to affiliate with other organizations and confederations of workers’ and employers’ organizations.