37[(2) A Labour Court shall consist of one Presiding Officer appointed by the Provincial Government.] 

(3) A person shall not be qualified for appointment as 38[Presiding Officer] unless he has been or is, or is qualified to be, a Judge or Additional Judge of High Court or is a District Judge or an Additional District Judge : 

39[Provided that the Provincial Government of Baluchistan may, after consultation with the Federal Government, appoint any person not so qualified to be the Presiding Officer of a Labour Court.] 

(4) [Omitted by the Labour Laws (Amendment) Act, XVII of 1977, S.2.] 

(5) A Labour Court Shall:- 

40[(a) adjudicate and determine an industrial dispute which has been referred to, or brought before it under this Ordinance;] 

(b) enquire into and adjudicate any matter relating to the implementation or violation of a settlement which is referred to it by the Provincial Government; 

(c) try offences under this Ordinance 37[and such other offences and under any other law as the Provincial 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 Ordinance 41[or any othe law]. 

(6) [Omitted by the Industrial Relations (Amendment) Act, XVI of 1975, S.18.] 

(7) [Omitted by the Industrial Relations (Amendment) Act, XXIX of 1973, S. 24.] 

36. Procedure and powers of Labour Court:(1) Subject to the provisions of this Ordinance, 42[while trying an offence] a Labour Court shall follow as nearly as possible summary procedure as prescribed under the Code of Criminal Procedure, 1898. 

(2) A Labour Court shall, for the purpose of adjudicating and determining any industrial dispute, be deemed to be a Civil Court and shall have the same powers as are vested in such Court under the Code of Civil Procedure, 1908 (Act V of 1908), including the powers of:- 

(a) enforcing the attendance of any person and examining him on oath; 

(b) compelling the production of documents and material objects; and 

(c) issuing commissions for the examination of witnesses or documents. 

(3) A Labour Court shall, for the purpose of trying an offence under the Ordinance 43[or the W.P. Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (W.P. Ordinance, VI of 1908) have the same powers as are vested in the Court of a Magistrate of the first class 44[specially empowered under Section 30 of] the Code of Criminal Procedure, 1898, 45[..]. 

(4) No court-fee shall be payable for filing, exhibiting or recording any document in, or obtaining any document from, a Labour Court. 

46[(5) If the parties to a case, at any time before a final order is passed by the Labour Court satisfy the Labour Court that the matter has been resolved by them amicably and that there are sufficient grounds for withdrawing the case, it may allow such withdrawal.] 

36-A, 36-B, 36-C, 36-D, 36-E and 36-F : [Inserted by the Industrial Relations (Amendment) Act, XXIX of 1973, S. 26 omitted by the Labour Laws (Amendment) Act, XI of 1976, S.2.] 

37. Awards and decisions of Labour Court: (1) An award or decision of a Labour Court shall be given in writing and delivered in open Court and two copies thereof shall be forwarded, forthwith to the Provincial Government, provided that if the Federal Government be a party, two copies of the award or decision shall be forwarded to that Government as well. 

(2) The Provincial Government Shall, within a period of one month from the receipt of the copies of the award or decision, publish it in the official Gazette. 

(3) Any party aggrieved by an award given under sub-section (1) 47[or a decision given under Section 25-A 48[or Section 34 or a sentence passed under clause (c) of sub-section (5) of 
Section 35 49[...] may prefer an appeal to the Labour Appellate Tribunal within thirty days of the delivery 50[or passing] thereof and the decision of the Tribunal in such appeal shall be final. 

51[(4) Save as otherwise expressly provided in this Ordinance, all decisions of, and all sentences passed by a Labour Court, shall be final and shall not be called in question in any manner by or before any Court or other authority.] 

38. Labour Appellate Tribunal : 52[(1) The Provincial Government may, by notification in the official Gazette, constitute as many Tribunals consisting of one member as it may consider necessary and, where it constitutes more than one Tribunal, shall specify in the notification the territorial limits 
within which or the class of cases in relation to which, each one of them shall exercise jurisdiction under this Ordinance]. 

(2) The member of the Tribunal shall be a person who is or has been a judge 53[or an Additional judge] of a High Court, and shall be appointed on such terms and conditions as Government may determine. 

(3) The Tribunal may, on appeal, confirm, set aside, vary or modify the award 54[or decision given under Section 25-A]55[or Section 34 or a sentence passed under clause (c) of sub-section (5) of Section 35 and shall exercise all the powers conferred by this Ordinance to the Court, save as otherwise provided. The decision of the Tribunal shall be delivered as expeditiously as possible, 
within a period of sixty days following the filing of the appeal; provided such decision shall not be rendered invalid by reason of any delay in its delivery. 

56[(3-a) The Tribunal may, on its own motion at any time call for the record of any case or proceedings under this Ordinance in which a Labour Court within its jurisdiction has passed an order for the purpose of satisfying itself as to the correctness, legality, or propriety of such order, and may pass such order in relation thereto as it thinks fit: 

Provided that no order under this sub-section shall be passed revising or modigying any order adversely affecting any person without giving such person a reasonable opportunity of being 
heard.] 

(4) The Tribunal shall follow such procedure as may be prescribed. 

(5) The Tribunal shall have authority to punish for contempts of its authority, or that of any Labour Court subject to its appellate jurisdiction, as if it were a High Court. 

(6) Any person convicted and sentenced by the Tribunal under sub-section (5) to imprisonment for any period, or to pay a fine exceeding fifty rupees, may prefer an appeal to the High Court. 

57[(7) A Tribunal may, on its own motion or on the application of a party, transfer any application or proceeding from a Labour Court within its jurisdiction to any other such Labour Court. 

(8) Nothwithstanding anything contained in sub-section (3) if in an appeal preferred to it against the order of a Labour Court directing the re-instatement of a workman, the Tribunal makes an order stating the operation of the order of the Labour Court, the Tribunal shall decide such appeal within twenty days of its being preferred : 

Provided that, if such appeal is not decided within the period aforesaid, the order of the Tribunal shall stand vacated on the expiration of that period.] 

58[38-A. Wage Commission : (1) The Federal Government may, whenever it so considers necessary, by notification in the official Gazette, constitute a Wage Commission for fixing rates of wages and determining all the other terms and conditions of service, in accordance with the provisions of this Ordinance in respect of the workers of a bank or such other workers as the Federal Government may, by notification in the official Gazette, specify. 

(2) The Wage Commission shall consist of a Chairman appointed by the Federal Government, who 
shall be a person who has been or is a Judge of a High Court, and such other members possessing the prescribed qualifications as may be appointed by the Federal Government. 

(3) The Wage Commission shall give its decision within a period of six months from the day of its constitution, or within such extended period, not exceeding a further period of six months, as the Federal Government may, by notification in the official Gazette, specify and the decision shall be immediately communicated to the Federal Government. 

(4) All questions at a meeting of the Wage Commission shall be determined by majority of the members present and voting : 

Provided that the Chairman shall have a second or a casting vote in the event of an equality of votes. 

(5) No act or proceeding of the Wage Commission, whether done or taken before or after the 
commencement of the Industrial Relations (Amendment) Act, 1974, shall be invalid by reasons only of any defect in the constitution of the Wage Commission. 

38-B. Fixation of Wages, etc: In fixing rates of wages and determining other terms and conditions of service of workers, the Wage Commission may take into consideration the  cost of living, the prevalent rates of wages of comparable employments, the  circumstances relating to the industry in different regions of the country and any other circumstances which to the Wage Commission may seem relevant. 

38-C. Publication, etc., of the decision of the Wage Commission :(1) The decision of the Wage Commission shall, within a period of one month from the date of its receipt by the Federal Government, be published in such manner as may be prescribed. 

(2) The decision of the Wage Commission published under sub-section (1) shall come into operation on such date as may be specified in the decision, and where no date is so specified it shall come into operation on the date of its publication and shall remain in force for three years or until is modified or varied by a later decision of the Wage Commission published in the manner provided in sub-section (1), whichever is later. 

(3) No industrial dispute shall be raised in respect of any matter which is under consideration of the Wage Commission nor shall any dispute be raised in respect of any mater on which the decision of that Commission is in operation. 

(4) Any industrial dispute in respect of any matter which is under consideration of the Wage Commission which may be pending before the National Industrial Relations Commission or any Labour Court or Tribunal shall abate. 

38-D. Decision of Wage Commission to be deemed to be an award of the Commission :A decision of the Wage Commission published under Section 38-C shall be deemed to be an award of the Full Bench of the Commission and the provisions of this Ordinance applicable to such award, including the provisions of Sections 51 and 55, so far as may be and with the necessary modifications, shall apply to the decision of the Wage Commission. 

38-E. Special powers of the Commission : (1) Notwithstanding anything contained in this Ordinance, the Commission Shall have power :- 

(a) to try an offence punishable under Section 55, if the offence relates to failure to implement any decision of the Wage Commission; 

(b) of its own motion or on the application of a party, to withdraw from any Court (except the Supreme Court or a High Court) any application, proceeding or appeal relating to such an offence and dispose of it; and 

(c) to refer any such application, proceeding or appeal to any competent Court for disposal. 

(2) Any Court to which any application, proceeding or appeal is referred under clause (c) of sub-section (1) shall enquire into it and dispose of the case as if the application or appeal had originally been made to it or, as the case may be, the proceeding had originally commenced before it. 

(3) For the trial of an offence referred to in sub-section (1) the Commission shall follow the same procedure and exercise the same powers as it follows and exercises for the trial of an offence under this Ordinance, and the provisions of this Ordinance, other than the provisions of sub-section (9) of Section 22-A, shall, so far as may be and with the necessary modification apply to such trial.    

38-F. Powers and procedure of Wage Commission : Subject to any rules of procedure which may be prescribed, the Wage Commission may, for the purpose of fixing rates of wages and determining other terms and conditions of service, exercise the same powers and follow the same procedure, so far as may be and with the necessary modifications, as the Commission may exercise or follow for the purpose of adjudicating and industrial dispute under the Ordinance. 

38-G. Decision of the Wage Commission to be binding on all employers :The decision of the Wage Commission shall be binding on all employers concerned with the decision in relation to their workers and every such worker shall be entitled to be paid the wages and governed by the terms and conditions determinined by the Wage Commission. 

38-H. Powers of Wage Commission to fix interim rates of wages, etc. :(1) Notwithstanding 
anything contained in this Ordinance, where the Wage Commission is of the opinion that it is necessary so to do, it may, by notification in the official Gazette, fix interim rates of wages and the terms and conditions of service fo workers in respect of whom  it is constituted. 

(2) Any interim rates of wages and the terms and conditions of service so fixed shall be binding on all employers concerned with such fixation in relation to their workers and every such worker shall be entitled to be paid wages at a rate equal to the interim rate of wages and to the terms and conditions of service fixed under sub-section (1). 

(3) Any interim rates of wages and the terms and conditions of service fixed under  sub-section (1) shall remain in force until the decision of the Wage Commission comes into operation under sub-section (2) of Section 38-C. 

38-I. Effect of laws and agreements inconsistent with Sections 38-A, 38-B, 38-C, 38-D, 38-E, 38-F, 38-G and 38-H :  The provisions of Section 38-A, 38-B, 38-C, 38-D, 38-E, 38-F, 38-G and 38-H, shall have effect notwithstandig anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the 
coming into force of the Industrial Relations (Amendment) Ordinance, 1974.] 

39. Settlements and awards on whom binding : (1) A settlement arrived at in the course of a conciliation proceedings, 59[or otherwise between the employer and the collective bargaining agent] or an award of an arbitrator prescribed under Section 31, or an award or decision of a Labour Court delivered under Section 37 59[or the decision of the Tribunal under Section 38] shall:- 

(a) be binding on all parties to the industrial dispute; 

(b) be binding on all other parties summoned to appear in any proceedings before a Labour Court as parties to the industrial disputes, unless the Court specifically otherwise directs in respect of any such party; 

(c) be binding on the heirs, successors or assignes of the employer in respect of the establishment to which the industrial dispute relates where an employer is moe of the parties to the dispute; and 

(d) Where a collective bargaining agent is one of the parties to the dispute, be binding on all workmen who were employed in the establishment or industry to which the industrial dispute relates on the date on which the dispute first arose or who are employed therein after that date : 

60[Provided that, where a collective bargaining agent or a trade union performing the functions of a collective bargaining agent under Section 52 exists, the employer shall not enter into a settlement with any other trade union, and any contravention of this provision shall be deemed to be an unfair labour practice under Section 15.] 

(2) A settlement arrived at by agreement between the employer and a trade union otherwise than in the course of conciliation proceedings shall be binding on the parties to the agreement. 

40. Effective date of settlement, award, etc. : (1) A settlement shall become effective :- 

(a) if a date is agreed upon by the parties to the dispute to which it relates, on such date; and 

(b) if a date is not so agreed upon, on the date on which the memorandum of the settlement is signed by the parties. 

(2) A settlement shall be binding for such period as is agreed upon by the parties, and if no such period is agreed upon for a period of one year from the date on which the memorandum of settlement is signed by the parties to the dispute and shall continue to be binding on the parties after the expiry of the aforesaid period until the expiry of two months from the date on which either party informs the other party in writing of its intention no longer to be bound by the settlement. 

(3) An award given under sub-section (1) of Section 37 shall, unless an appeal against it is preferred to the Tribunal, become effective on such date and remain effective for such period, not exceeding two years, as may be specified therein. The Arbitrator, the Labour Court, or, as the case may be, the tribunal, shall specify dates from which the award on various demands shall be effective and the time limit by which it shall be implemented in each case : 

Provided that if, at any time before the expiry of the said period, any party bound by an award applies to the Labour Court which made the award for reduction of the said period on the ground that the circumstances in which the award was made have materially changed, the Labour Court may, by order made after giving to the other party an opportunity of being heard, terminate the said period on a date specified in the order. 

(4) A decision of the Tribunal in appeal under Sub-section (3) of Section 38 shall be effective from the date of the award. 

(5) Notwithstanding the expirty of the period for which an award is to be effective under sub-section (3), the award shall continue to be binding on the parties until the expiry of two months from the date on which either party informs the other party in writing of its intention no longer to be bound by the award. 

41. Commencement and conclusion of proceedings : (1) A conciliation proceeding shall be deemed to have commenced on the date on which a notice of strike or lock-out is received by the Conciliator under Section 28. 

(2) A conciliation proceeding shall be deemed to have concluded:- 

(a) where a settlement is arrived at, on the date on which a memorandum of settlement is signed by the parties to the dispute; and 

(b) Where no settlement is arrived at - 

(i) if the dispute is referred to an arbitrator under Sec. 31 on the date on which the arbitrator has given his award or otherwise; 

(ii) on the date on which the period of the notice of strike or lock-out expires. 

(3) Proceedings before a Labour Court shall be deemed to have commenced :- 

(a) in relation to an industrial dispute, on the date on which an application has been made under 61[Section 32 or] Section 34, or on the date on which it is referred to the Labour Court by the Provincial Government under Section 32 or Section 33; and 

(b) in relation to any other matter, on the date on which it is referred to the Labour Court. 

62[3-a) Proceedings before the Commission in relation to a dispute referred to it under Sec. 32 or Sec. 33 or to a dispute raised under Sec. 34-A shall be deemed to have commenced on the date on which the reference is made to it or, as the case may be, the dispute is raised before it.] 

(4) Proceedings before 63[the Commission or] a Labour Court shall be deemed to have concluded on the date on which the award or decision is delivered under sub-section (1) of Section 37. 

42. Certain matters to be kept confidential: There shall not be included in any report, award or decision under this Ordinance any information obtained by a Registrar, Conciliator, Labour Court, Arbitrator or Tribunal in the course of any investigation or inquiry as to a trade union or as to any individual business (whether carried on by a person, firm or company) which is not available otherwise than through the evidence given before such authority, if the trade union, person, firm, or company in question has made a request in writing to the authority that such information shall be treated as confidential, nor shall such proceedings disclose any such information without the consent in writing of the Secretary of the trade union or the person, firm or company in question as the case may be : 

Provided that nothing contained in this section shall apply to disclosure of any such information for the purpose of a prosecution under Section 193 of the Pakistan Penal Code. 

43. Raising of industrial disputes : No industrial dispute shall be deemed to exist unless it has been raised in the prescribed manner by a Collective Bargaining Agent 64[or an employer]. 

44. Prohibition of serving notice of strike or lock-out while proceedings pending :No notice of strike or lock-out shall be served by any party to an industrial dispute while any conciliation proceedings or proceedings before an Arbitrator or a Labour Court or an appeal to the Tribunal under sub-section (3) of Section 38 are or is pending in respect of any matter constituting such industrial dispute. 

45. Powers of Labour Court and Tribunal to prohibit strike, etc.:(1) when a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time when, in respect of such industrial dispute, there is made to, or is pending before, a Labour Court 65[...] and application, under Section 34, the Labour Court may, by an order in writing prohibit continuance of the strike or lock-out. 

(2) When an appeal in respect of any matter arising out of an industrial dispute is preferred to a Tribunal under Section 38, the Tribunal may, by an order in writing, prohibit continuance of any strike or lock-out in pursuance of such industrial dispute which had already commenced and was in existence on the date on which the appeal was preferred. 

46. Illegal strikes and lock-out : (1) A strike or lock-out shall be illegal if :- 

(a) it is declared, commenced or continued without giving to the other party to the dispute, in the prescribed manner, a notice of strike or lock-out or before the date of strike or lock-out specified in such notice, or in contravention of Section 44; or 

(b) it is declared, commenced or continued in consequence of an industrial dispute rasied in a manner other than that provided in Section 43; or 

(c) it is continued in contravention of an order made under Section 32, Section 33, 66[Section 45 or Sub-section (3) of ection 46-A]; or 

(d) it is declared, commenced or continued during the period in which a settlement or award is in operation in respect of any of the matters covered by a settlement of award. 

(2) A lock-out declared in consequence of an illegal strike and a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal. 

67[46-A. Procedure in cases of illegal strikes or lock-out :(1) Notwithstanding anything ontained in any other provision of this Ordinance or in anyother law for the time being in force, an Officer of the Labour Department not below the rank of Assistant Director Labour Welfare hereinafter in this section referred to as the officer, may make enquiries in such manner as he may deem fit into an illegal strike or illegal lock-out in a factory and make a report to the Labour Court. 

(2) After completing the enquiry the officer shall serve a notice on the employer and the collective bargaining agent or the registered trade union concerned with the dispute to appear before the Labour Court on a date to be fixed by that Court. 

(3) The Labour Court may, iwthin ten days following the day on which it receives a report under 
sub-section (1), after considering the report and hearing such of the parties as appear before it, 
order the strike to be called off or the lock-out to be lifted. 

(4) If the employer contravenes the order of the Labour Court under sub-section (3) and the Court is satisfied that the continuance of the lock-out is causing serious hardship to the community or is prejudicial to the national interest, it may issue an order for the attachment of the factory and for the appointment of an official receiver for such period as it deems fit, and such period as may be varied from time to time. 

(5) The official receiver shall exercise the powers of management and may transact business, enter into contracts, give valid discharge of all moneys received and do or omit to do all such acts as are necessary for conducting the business of the factory. 

(6) The Labour Court may, in appointing and regularising the work of an official receiver exercise the powers of a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1980). 

(7) If the workers contravene the order of the Labour Court under sub-section (3), the Court may pass orders of dismissal against all or any of the striking workers 68[and, notwithstanding anything to the contrary contained in this Ordinance. If the Court, after holding such inquiry as it deems fit, records its finding that any registered trade union has committed or abetted the commission of such contravention, the finding shall have the effect of cancellation of the registration of such trade union and debarring all officers of such trade union from holding office in that or in any other trade union for the unexpired term of their offices and for the term immediately following:] 

Provided that the Court may review its orders if good and sufficient cause is shown by an affected worker within seven days of such orders of dismissal. 

(8) Subject to any rules made by the Provincial Government in this behalf, the officer may, for the purpose of enquiry under sub-section (1), within the local limits for which he is appointed, enter with such assistants, if any, being persons in the service of Pakistan, as he thinks fit, in a factory, where he has reason to believe an illegal strike or lock-out to be in progress, and make such examination of the premises and plant and of any registers maintained therein and take on the spot or otherwise such evidence of persons and exercise such other powers as he may deem necessary for carrying out the purposes of this section. 

(9) The officer shall have authority to call any party to such dispute to his office or secure his 
presence in the factory and shall also have the power to bind any party to the dispute to appear before the Labour Court. 

(10) Where a party to an illegal strike or lock-out, on being required or bound under this section 
to appear before the officer or the Labour Court, does not so appear, the officer or Labour Court, as the case may be, may, besides taking such other action as may be admissible under this ordinance, proceed ex-parte]. 

47. 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 workman concerned in such dispute, the conditions of service applicable to him before the commencement of the conciliation proceedings or of the proceedings before the Arbitrator, the Labour Court or Tribunal, as the case may be, no 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 disput. 

(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, dismissed or otherwise punished for misconduct, except with the previous permission of the Labour Court. 

69[47-A. Removal of fixed assets : No employer shall remove any fixed assets of the establishment druing the currency of an illegal lock-out or a strike which is not illegal] : 

70[Provided that Labour Court may, subject to such conditions as it may impose, cause to be removed any such fixed assets for sate custody to avoid damage to such assets due to flood, fire, catastrophe or civil commotion.] 

48. Protection of certain persons : (1) No person refusing to take part or to continue to take part in any illegal strike or illegal lock-out shall, by reasons of such refusal, be subject to expulsion from any trade union or to any fine or penalty or to the deprivation of any right or benefit which he or his legal representatives would otherwise have been entitled, or be liable to be placed in any respect, either directly or indirectly, under any disability or disadvantage as compared with other members of the trade union. 

(2) Any contravention of the provisions of sub-section (1) may be made the subject-matter of an industrial dispute, and nothing in the constitution of a trade union providing the manner in which any dispute between its executive and members, shall be settled shall apply to any proceedings for enforcing any right or exemption granted by sub-section (1), In any such proceedings, the Labour Court may, in lieu or ordering a person who has been expelled from membership of a trade union to be restored to membership, order that he be paid out of the funds of the trade union such sum by way of compensation or damages as the Court thinks just. 

49. Representation of parties: (1) A workman who is a party to an industrial dispute shall be entitled to be represented in any proceedings under this Ordinance by an officer of a collective bargaining agent and subject to the provisions of sub-section (2) and sub-section (3) any employer who is a party to an industrial dispute shall be entitled to be represented in any such proceeding by a person duly authorised by him. 

(2) No party to an industrial dispute shall be entitled to be represented by a legel practitioner in any conciliation proceedings under this Ordinance. 

(3) A party to an industrial dispute may be represented by a legal practitioner in any proceedings before the Labour Court,  or before an Arbitrator, with the premission of the Court or the Arbitrator, as the case may be. 

50. Interpretation of settlement and awards : (1) If any difficulty or doubt arises as to the interpretation of any provisions of an award or settlement, it shall be referred to the Tribunal constituted under this Ordinance. 

(2) The Tribunal to which a matter is referred under sub-section (1) shall after giving the parties an opportunity of being heard, decide the matter, and its decision shall be final and binding on the parties. 

51. Recovery of money due from an employer under settlement or award :(1) Any money due from an employer under a settlement, or under an award or decision of the Arbitrator, Labour Court or Tribunal may be recovered as arrears of  land revenue or as a public demand 71[if, upon the application of the person entitled to the money, the Labour Court so directs.] 

(2) Where any workman is entitled to receive from the employer any benefit, under a settlement or under an award or decision of the Arbitrator, Labour Court or Tribunal, which is capable of being computed in terms of money, the amount at which such benefit shall be computed may, subject to the rule made under this Ordinance, be determined and recovered as provided for in sub-section (1) and paid to the workman concerned within a specified date. 

52. Performance of functions pending ascertainment of collective bargaining agent:Any act or function which is by this Ordinance required to be performed by or has been conferred upon a collectiive bargaining agent may, until a collective bargaining agent has been 72[certified] under the provisions of this Ordinance, be performed by a registered trade union which has been recognised by the employer or employers.