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THE PUNJAB INDUSTRIAL RELATIONS ACT 2010

(Act XIX of 2010)

[9 December 2010]

An Act to regulate formation of trade unions, regulation and improvement of relations between employers and workmen.

Pream !e"# Whereas it is expedient to regulate formation of trade unions and trade union activities, relations between emplo ers and wor!men and the avoidance and settlement of an differences or disputes arising between them and ancillar matters" #t is enacted as follows$%

1" S$ort t%t!e& e'te(t& a))!%cat%o( a(* comme(ceme(t &' (1) *his +ct ma be cited as the ,un-ab #ndustrial .elations +ct 2010& (2) #t extends to the whole of the ,un-ab&

(/) #t shall appl to all persons emplo ed in an establishment or industr , but shall not appl to an person emplo ed' (a) in the ,olice or an of the Defence 0ervices of ,a!istan or an services or installations exclusivel connected with or incidental to the +rmed 1orces of ,a!istan including an ordnance factor maintained b the 1ederal 2overnment"
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(b) in the administration of the 0tate other than those emplo ed as wor!men b the .ailwa and ,a!istan ,ost" (c) as a member of the securit staff of the ,a!istan #nternational +irlines 3orporation, or drawing wages in pa group, not lower than group 4, in the establishment of that 3orporation as the 2overnment ma , in the public interest or in the interest of securit of the +irlines, b notification in the official 2a5ette, specif in this behalf" (d) b the ,a!istan 0ecurit ,apers 6imited" ,rinting 3orporation or the 0ecurit

(e) b an establishment or institution for the treatment or care of sic!, infirm, destitute or mentall unfit persons excluding those run on commercial basis" (f) as a member of the watch and ward, securit or fire service staff of an oil refiner or an airport" (g) as a member of the securit or fire service staff of an establishment engaged in the production, transmission or distribution of natural gas or li7uefied petroleum gas" and (h) in an establishment or institution providing education or emergenc services excluding those run on commercial basis& (8) #t shall come into force at once&

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Def%(%t%o(+&' #n this +ct' (i) 9+rbitrator: means a person appointed as an +rbitrator under the +ct" (ii) 9award: means the determination b a 6abour 3ourt, +rbitrator or *ribunal of an industrial dispute or an matter relating thereto and includes an interim award"

(iii) 9collective bargaining agent: in relation to an establishment or group of establishments or industr , means the trade union of the wor!men which under section 28 is the agent of wor!men in the establishment or group of establishments or industr , in the matter of collective bargaining" (iv) 9collective bargaining unit: means those wor!ers or class of wor!ers of an emplo er in one or more establishments falling within the same class of industr whose terms and conditions of emplo ment are, or could appropriatel be, the sub-ect of collective bargaining together" (v) 9conciliation proceedings: means an conciliator" proceedings before a

(vi) 9conciliator: means a person appointed as conciliator under section /;" (vii) 93ouncil: means the Wor!ers <anagement 3ouncil set up under section 29" (viii) 9emplo er: in relation to an establishment, means an person or bod of persons, whether incorporated or not, who or which emplo s wor!men in the establishment under a contract of emplo ment and includes' (a) an heir, successor or assignee of such person or bod " (b) an person responsible for the management, supervision and control of the establishment" (c) in relation to an establishment run b or under the authorit of an department of the 1ederal 2overnment or the 2overnment, the authorit appointed in this behalf or, where no authorit is so appointed, the head of the department" (d) in relation to an establishment run b or on behalf of a local authorit , the officer appointed in this behalf, or where no officer is so appointed, the chief executive officer of that authorit "

E')!a(at%o(&' 1or the purpose of distinction from the categor of 9wor!ers: or 9wor!men:, officers and emplo ees of a department of the 1ederal 2overnment or the 2overnment or local authorit who belong to the superior, managerial, secretarial, directorial, supervisor or agenc staff and who have been notified for this purpose in the official 2a5ette shall be deemed to fall within the categor of 9emplo ers:" and (e) in relation to an other establishment, the proprietor of such establishment and ever director, manager, secretar , agent or officer or person concerned with the management of the affairs thereof" (ix) 9establishment: means an office, firm, factor , societ , underta!ing, compan , shop, premises or enterprise in the ,un-ab, which emplo s wor!men directl or through a contractor for the purpose of carr ing on an business or industr and includes all its departments and branches, whether situated in the same place or in different places having a common balance sheet and except in section 2; includes a collective bargaining unit, if an , constituted in an establishment or group of establishments" (x) 9executive: means the bod , b whatever name called, to which the management of the affairs of a trade union is entrusted b its constitution" (xi) 92overnment: means the 2overnment of the ,un-ab" (xii) 9group of establishments: means establishments belonging to the same emplo er and the same industr " (xiii) 9illegal loc!%out: means a loc!%out declared, commenced or continued otherwise than in accordance with the provisions of the +ct" (xiv) 9illegal stri!e: means a stri!e declared, commenced or continued otherwise than in accordance with the provisions of the +ct" (xv) 9industrial dispute: means an dispute or difference between emplo ers and emplo ers or between emplo ers and wor!men or between wor!men and wor!men which is connected with the
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emplo ment or non%emplo ment or the terms of emplo ment or the conditions of wor! of an person, and is not in respect of the enforcement of such right guaranteed or accrued to him b or under an law other than the +ct, or an award or settlement for the time being in force" (xvi) 9industr : means an business, trade, manufacture, calling, service, emplo ment or occupation of producing goods or services for sale excluding those set up for charitable purposes" (xvii) 9inspector: means an inspector appointed under the +ct" (xviii) 96abour 3ourt: means a 6abour 3ourt established under section 88" (xix) 9loc!%out: means the closing of place of emplo ment or part of such place, or the suspension, wholl or partl , of wor! b an emplo er, or refusal, absolute or conditional, b an emplo er to continue to emplo an number of wor!men emplo ed b him, where such closing, suspension or refusal occurs in connection with an industrial dispute or is intended for the purpose of compelling wor!men emplo ed to accept certain terms and conditions of or affecting emplo ment" (xx) 9office%bearer: in relation to a trade union, means an member of the executive thereof but does not include an auditor or legal adviser" (xxi) 9organi5ation: means an organi5ation of wor!ers or of emplo ers for furthering and defending the interests of wor!ers or of emplo ers" (xxii) 9prescribed: means prescribed b rules" (xxiii) 9public utilit service: means an of the services specified in the 0chedule" (xxiv) 9registered trade union: means a trade union registered under the +ct" (xxv) 9.egistrar: means a .egistrar appointed under section 18"
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(xxvi) 9rules: mean the rules made under the +ct" (xxvii) 9settlement: means a settlement arrived at in the course of conciliation proceeding, and includes an agreement between an emplo er and his wor!men arrived at otherwise than in the course of an conciliation proceeding, where such agreement is in writing, has been signed b the parties thereto in such manner as ma be prescribed and a cop thereof has been sent to the 2overnment, the conciliator and such other person as ma be prescribed" (xxviii) 9stri!e: means a cessation of wor! b a bod of persons emplo ed in an establishment acting in combination or a concerted refusal, or refusal under a common understanding of an number of persons who are or have been so emplo ed to continue to wor! or to accept emplo ment" (xxix) 9trade union: means an combination of wor!men or emplo ers formed primaril for the purpose of regulating the relations between wor!men and emplo ers, or wor!men and wor!men or emplo ers and emplo ers, or for imposing restrictive conditions on the conduct of an trade or business and includes a federation of two or more trade unions and a confederation of two or more federations" (xxx) 9*ribunal: means a 6abour +ppellate *ribunal constituted under section 8=" and (xxxi) 9wor!er: and 9wor!man: mean a person not falling within the definition of emplo er who is emplo ed (including emplo ment as a supervisor or as an apprentice) in an establishment or industr for hire or reward either directl or through a contractor whether the terms of emplo ment be express or implied, and, for the purpose of an proceedings under the +ct in relation to an industrial dispute includes a person who has been dismissed, discharged, retrenched, laid%off or otherwise removed from emplo ment in connection with or as a conse7uence of that dispute or whose dismissal, discharge, retrenchment, la %off, or removal has led to that dispute but does not include an person who is emplo ed mainl in managerial or administrative capacit &

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," Tra*e -(%o(+ a(* free*om of a++oc%at%o(&' 0ub-ect to the provisions of this +ct and notwithstanding an other law$ (i) wor!ers of an establishment, emplo ing not less than fift wor!ers, ma establish and sub-ect to the rules of the organi5ation, ma -oin associations of their own choice without previous authori5ation" (ii) a wor!er shall not be entitled to be a member of more than one trade unions at an one time and on -oining another trade union, his earlier membership of the other trade union shall stand cancelled" (iii) emplo ers ma establish and, sub-ect to the rules of the organi5ation, ma -oin associations of their own choice without previous authori5ation" (iv) ever trade union and emplo ers association shall frame its own constitution and rules to elect its representatives in full freedom to organi5e its administration and activities and to formulate its programmes" and (v) wor!ers? or emplo ers? organi5ations ma establish and -oin federations and confederations and an such organi5ation, federation or confederation ma affiliate with international organi5ations and confederations of wor!ers? or emplo ers? organi5ations&

." A))!%cat%o( for re/%+trat%o(&' +n trade union ma , under the signatures of its president and secretar , appl to the .egistrar for registration of the trade union under this +ct&

0" Re1-%reme(t+ for a))!%cat%o(&' @ver application for registration of trade union shall be made to the .egistrar and shall be accompanied b ' (a) a statement showing'

(i) the name of the trade union and the address of its head office" (ii) date of formation of the trade union"

(iii) the titles, names, ages, addresses and occupations of the office% bearers of the trade union" (iv) statement of total paid membership" (v) the name of the establishment or group of establishments, or the industr to which the trade union relates along with a statement of the total number of wor!ers emplo ed therein" (vi) the names and addresses of the registered trade unions in the establishment or group of establishments or industr to which the trade union relates" (vii) in case of a federation of trade unions, the names, addresses and registration numbers of member trade unions" and (viii) in case of a confederation of federations, the names, addresses and registration numbers of member%federations" (b) three copies of the constitution of the trade union together with a cop of the resolution b the members of the trade union adopting such constitution bearing the signature of the chairman of the meeting" (c) a cop of the resolution b the members of the trade union authori5ing its president and the secretar to appl for its registration" (d) in case of a federation of trade unions, a cop of the resolution from each of the constituent trade union agreeing to become a member of the federation" and (e) in case of a confederation of federations, a cop of the resolution from each of the constituent federation agreeing to become a member of the confederation&

2" Re1-%reme(t+ for re/%+trat%o(&' (1) + trade union shall not be entitled to registration under this +ct unless the constitution thereof provide for the following matters' (a) the name and address of the trade union"

(b) the ob-ects for which the trade union has been formed" (c) the purposes for which the general funds of the union shall be utili5ed" (d) the number of persons forming the executive which shall not exceed the prescribed limit and shall include not less than eight percent from amongst the wor!men actuall engaged or emplo ed in the establishment or group of establishments or the industr for which the trade union has been formed" (e) the conditions under which a member shall be entitled to an benefit assured b the constitution of the trade union and under which an fine or forfeiture ma be imposed on him" (f) the maintenance of a list of the members of the trade union and of ade7uate facilities for the inspection thereof b the office%bearers and members of the trade union" (g) the manner in which the constitution shall be amended, varied or rescinded" (h) the safe custod of the funds of the trade union, its annual audit, the manner of audit and ade7uate facilities for inspection of the account boo!s b the office%bearers and members of the trade union" (i) the manner in which the trade union ma be dissolved" (-) the manner of election of office%bearers b the general bod of the trade union and the term, not exceeding two ears, for which an office%bearer ma hold office upon his election or re%election" (!) the procedure for expressing no confidence in an office%bearer of the trade union" and (l) the meeting of the executive and of the general bod of the trade union so that the executive shall meet at least once in ever three months and the general bod at least once in a ear& (2) Without pre-udice to the provisions of sub%section (1), a trade union of wor!men shall not be entitled to registration under the +ct'

(a) unless all its members are wor!men actuall engaged or emplo ed in the establishment or group of establishments or industr with which the trade union is connected" and (b) where there are two or more registered trade unions in the establishment, group of establishments or industr with which the trade union is connected, unless it has as its members not less than one%fifth of the total number of wor!men emplo ed in such establishment, group of establishments or industr &

3" D%+1-a!%f%cat%o( for e%(/ a( off%ce4 earer of a tra*e -(%o(&' Botwithstanding an thing contained in the constitution or rules of a trade union, a person who has been convicted of offence under section >9 or heinous offence under the ,a!istan ,enal 3ode 1A>0 (C64 of 1A>0) shall be dis7ualified from being elected as, or from being, an office%bearer of a trade union&

5" Re/%+tere* tra*e -(%o( to ma%(ta%( re/%+ter&' @ver trade union shall maintain in such form as ma be prescribed$

registered

(a) a register of members showing particulars of subscriptions paid b each member" (b) an accounts boo! showing receipts and expenditure" and (c) a minute boo! for recording the proceedings of meetings&

6" Re/%+trat%o(&' (1) *he .egistrar, on being satisfied that the trade union has complied with all the re7uirements of this +ct, shall register the trade union in a prescribed register and issue a registration certificate in the prescribed form within a period of fifteen da s from the date of receipt of the application& (2) #n case the application is found b the .egistrar to be deficient in a material respect, he shall communicate in writing his ob-ections to the trade union within a period of fifteen da s from the receipt of the application
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and the trade union shall repl thereto within a period of fifteen da s from the receipt of the ob-ections& (/) When the ob-ections raised b the .egistrar have been satisfactoril met, the .egistrar shall register the trade union as provided in sub%section (1) and issue a certificate of registration in the prescribed form within fifteen da s of the date of the communication of repl of ob-ections& (8) #n case of further dela , the .egistrar ma register the applicant trade union provisionall till further orders& (;) #n case the replies to the ob-ections of the .egistrar are not satisfactor , the .egistrar ma re-ect the application& (>) #n case the application has been re-ected or the .egistrar has dela ed disposal of the application be ond the period of fifteen da s provided in the above sub%sections or has not issued a certificate of registration within such period or has not registered the applicant trade union provisionall , the trade union ma file an appeal in the 6abour 3ourt which ma , for reasons to be stated in its -udgment, pass an order directing the .egistrar to register the trade union and to issue a certificate of registration or ma dismiss the appeal& (=) Botwithstanding an thing contained in an other provision of the +ct, ever alteration or change made in the constitution of a registered trade union and ever proceedings of election of its office%bearers or change of its office%bearers or otherwise, the trade union shall, b registered post, notif to the .egistrar within fifteen da s of such election or change for the approval of the .egistrar& (A) *he .egistrar ma refuse to register such election of office% bearers or change of office%bearers or alteration or change made in the constitution, if it is in contravention of an of the provisions of the +ct, or if it is in violation of the constitution of the trade union& (9) 0ub-ect to the provision of sub%section (A), ever inclusion or exclusion of an constituent unit of a federation of trade unions or confederation of federations, the federation or confederation shall, b registered post, notif to the .egistrar within fifteen da s of such inclusion or exclusion&

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(10) #n case there is a dispute in relation to the election of the office% bearers or change of office%bearers or alteration made in the constitution of a trade union, the .egistrar or an trade union aggrieved b the refusal of the .egistrar, an office%bearer or member of the trade union ma file an appeal to the 6abour 3ourt, which shall within seven da s of the receipt of the appeal, pass an order either directing the .egistrar to register the change or alteration in the constitution or in the office%bearers of the trade union or ma , for reasons to be recorded in writing, direct the .egistrar to hold fresh elections of the trade union under his supervision&

10& Tra(+fer of off%ce4 earer of tra*e -(%o( *-r%(/ )e(*e(c7 of a))!%cat%o( for re/%+trat%o(&' 0ave with the prior permission of the .egistrar, no office%bearer of a trade union of wor!men shall be transferred, discharged, dismissed or otherwise punished during the pendenc of an application for registration of the trade union with the .egistrar" provided that the trade union has notified the names of its office%bearers to the emplo er in writing&

11& Cert%f%cate of re/%+trat%o("# *he .egistrar, on registering a trade union under section 9, shall issue a certificate of registration in the prescribed form which shall be conclusive evidence that trade union has been dul registered under this +ct&

12" Ca(ce!!at%o( of re/%+trat%o("# (1) *he registration of a trade union shall be cancelled, if the 6abour 3ourt so directs upon a complaint in writing made b the .egistrar that the trade union has' (a) contravened or has been registered in contravention of an of the provisions of this +ct or the rules" (b) contravened an of the provisions of its constitution" or (c) made in its constitution an provision which is inconsistent with the +ct or the rules&

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(2) Where an person who is dis7ualified under section = from being elected as, or from being, an office%bearer of a trade union is elected as an office%bearer of a registered trade union, the registration of that trade union shall be cancelled if the 6abour 3ourt, upon a complaint in writing made in this behalf b the .egistrar, so directs& (/) *he registration of a trade union shall be cancelled b the .egistrar, b giving reasons for such cancellation in writing, if, after holding an in7uir , he finds that an trade union' (a) has dissolved itself or has ceased to exist" or (b) has not been a contestant in a referendum for the determination of a collective bargaining agent" or (c) has not applied for determination of collective bargaining agent under section 28 (2) within two months of its registration as another trade union or from the commencement of the +ct, whichever is earlier, provided there does not alread exist a collective bargaining agent determined under section 28(9)(e) in an establishment, or group of establishments or industr " or (d) has secured less than fifteen percent of polled votes as per final list of voters, during two consecutive referendums for the determination of collective bargaining agent&

1," A))ea! a/a%(+t ca(ce!!at%o("# +n trade union aggrieved b an order passed' (a) b the 6abour 3ourt under sub%section (1) or sub%section (2) of section 12 ma prefer an appeal to the *ribunal within thirt da s of the passing of the such order" or (b) b the .egistrar under sub%section (/) of section 12 ma prefer an appeal to the 6abour 3ourt within thirt da s of the passing of the said order& 1." Re/%+trar of tra*e -(%o(+"# 1or the purpose of this +ct, the 2overnment shall, b notification in the official 2a5ette, appoint as man
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persons as it considers necessar to be the .egistrars and, where it appoints more than one .egistrars, shall specif in the notification the area within which each one of them shall exercise and perform the powers and functions under the +ct&

10" Po8er+ a(* f-(ct%o(+ of Re/%+trar"# (1) *he .egistrar shall have the following powers and functions' (a) the registration of trade unions under this +ct and the maintenance of a register for the purpose" (b) to lodge, or authori5e an person to lodge, complaints with the 6abour 3ourt for action, including prosecution, against trade unions, emplo ers, wor!ers or other persons for an alleged offence or an unfair labour practice or violation of an provision of the +ct or for expending the funds of a trade union in contravention of the provisions of its constitution" (c) the determination of the 7uestion as to which one of the trade unions in an establishment or group of establishments or an industr is entitled to be certified as the collective bargaining agent in relation to that establishment or group of establishments or industr " (d) to inspect the accounts and record of the registered trade unions, or investigate or hold such in7uir in the affairs of the trade unions as he deems fit either b himself or through an officer subordinate to him and to authori5e him in writing in this behalf" and (e) such other powers and functions as ma be prescribed& (2) *he 2overnment ma , b general or special order, authori5e a .egistrar to exercise the following powers' (a) registration of industr %wise trade unions, federations of such trade unions and federations at the provincial level" (b) registration of trade unions within the collective bargaining units"

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(c) determination of collective bargaining agent from amongst the industr %wise trade unions, federations of such trade unions or federations at the provincial level" and (d) determination of collective bargaining agent from amongst the trade unions registered within a collective bargaining unit&

12" I(cor)orat%o( of re/%+tere* tra*e -(%o("# (1) @ver registered trade union shall be a bod corporate b the name under which it is registered, shall have perpetual succession and a common seal and the power to contract and to ac7uire, hold and dispose of propert , both movable and immovable, and shall, b the said name, sue or be sued& (2) *he 0ocieties .egistration +ct, 1A>0 (CC# of 1A>0), the 3ooperative 0ocieties +ct, 192; (4## of 192;) and the 3ompanies Drdinance, 19A8 (C64## of 19A8), shall not appl to an registered trade union and the registration of an trade union under an of these laws shall be void&

13" U(fa%r !a o-r )ract%ce+ o( t$e )art of em)!o7er+"# (1) Bo emplo er or trade union of emplo ers and no person acting on behalf of either shall' (a) impose an condition in a contract of emplo ment see!ing to restrain the right of a person who is a part to such contract to -oin a trade union or continue his membership of a trade union" (b) refuse to emplo or refuse to continue to emplo an person on the ground that such person is, or is not a member or office%bearer of a trade union" (c) discriminate against an person in regard to an emplo ment, promotion, condition of emplo ment or wor!ing condition on the ground that such person is, or is not, a member or office%bearer of a trade union" (d) dismiss, discharge, remove from emplo ment or transfer or threaten to dismiss, discharge or remove from emplo ment or transfer a wor!man

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or in-ure or threaten to in-ure him in respect of his emplo ment b reason that the wor!man' (i) is or proposes to become, or see!s to persuade an other person to become, a member or office%bearer of a trade union" or (ii) participates in the promotion, formation or activities of a trade union" (e) induce an person to refrain from becoming, or to cease to be a member or office%bearer of a trade union, b conferring or offering to confer an advantage on, or b procuring or offering to procure an advantage for such person or an other person" (f) compel or attempt to compel an office%bearer of the collective bargaining agent to arrive at a settlement b using intimidation, coercion, pressure, threat, confinement to a place, ph sical in-ur , disconnection of water, power and telephone facilities and such other methods" (g) interfere with or in an wa influence the balloting provided for in section 28" (h) recruit an new wor!man during the period of a notice of stri!e under section /> or during the currenc of a stri!e which is not illegal except where the conciliator having been satisfied that complete cessation of wor! is li!el to cause serious damage to the machiner or installation, has permitted temporar emplo ment of a limited number of wor!men in the section where the damage is li!el to occur" (i) close down the whole of the establishment in contravention of 0tanding Drder 11%+ of the #ndustrial and 3ommercial @mplo ment (0tanding Drders) Drdinance, 19>A (4# of 19>A)" or (-) commence, continue, instigate or incite others to ta!e part in, or expend or suppl mone or otherwise act in furtherance or support of, an illegal loc!%out& (2) Bothing in sub%section (1) shall be deemed to preclude an emplo er from re7uiring that a person upon his appointment or promotion to

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managerial position shall cease to be, and shall be dis7ualified from being, a member or office%bearer of a trade union of wor!men&

15" U(fa%r !a o-r )ract%ce+ o( t$e )art of 8or9me("# (1) Bo wor!man or other person or trade union of wor!men shall' (a) persuade a wor!man to -oin or refrain from -oining a trade union during wor!ing hours" (b) intimidate an person to become, or refrain from becoming, or to continue to be, or to cease to be a member or office%bearer of a trade union" (c) induce an person to refrain from becoming, or cease to be a member or office%bearer of a trade union, b intimidating or conferring or offering to confer an advantage on, or b procuring or offering to procure an advantage for such person or an other person" (d) compel or attempt to compel the emplo er to accept an demand b using intimidation, coercion, pressure, threat, confinement to, or ouster from a place, dispossession, assault, ph sical in-ur , disconnection of telephone, water or power facilities or such other methods" or (e) commence, continue, instigate or incite others to ta!e part in, or expend or suppl mone or otherwise act in furtherance or support of, an illegal stri!e or a go%slow& E')!a(at%o(&' #n clause (e) the expression Ego%slow? means an organi5ed, deliberate and purposeful slowing down of normal output, or the deterioration of the normal 7ualit of wor! b a bod of wor!men acting in a concerted manner, but does not include the slowing down of normal output, or the deterioration of the normal 7ualit of wor! which is due to mechanical defect, brea!down of machiner , failure or defect in power suppl or in the suppl of normal materials and spare parts of machiner & (2) #t shall be an unfair practice for a trade union to interfere with a ballot held under section 28 b the exercise of undue influence, intimidation,
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impersonation or briber through its executive or through an person acting on its behalf&

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