1987 PLP 575 (SCMR)

Nemo for Respondents. Date of hearing: 1st June, 1986. ABDUL KADIR SHAIKH J.‑‑ This is a petition for leave to appeal from the judgment of the Sind High Court dated 21‑5‑1985, by which a Constitution Petition filed by the petitioner was dismissed. By that petition, petitioner sought to challenge the order of the Federal Government under section 33(1) of the Industrial Relation Ordinance, 1969, dated 17‑6‑1982, referring‑ the dispute between the petitioner and the respondent‑Union to the National Industrial Relations Commission (N.I.R.C.) and all the subsequent orders passed thereafter including the Awards dated 12‑5‑1983 and 13‑12‑1983 given by respondents 2 and

3. Facts of the case briefly stated are that the respondent‑Union by its letter dated 12‑12‑1981 raised an industrial dispute by submitting a Charter of Demands under section 26(1) of I.R.O. On the failure of the negotiations which ensued thereafter the union served strike notice dated 6‑1‑1982 on the petitioner under the provisions of subsection (2) of section 26 of the I.R.O. Conciliation proceedings commenced thereafter under the proviso to section 41 and the Conciliator called several joint meetings of the petitioner and respondent‑Union in accordance with the provisions of section

30. These proceedings were pending when Government of Pakistan in exercise of powers under section 33(1) referred the industrial dispute for adjudication to the N.I.R.C. Petitioner appeared before the N . I . R . C . and filed objections challenging the validity of reference of the industrial dispute and also jurisdiction of the Commission to entertain the reference on several grounds. The Commission, however, made an award which was challenged by the petitioner in an appeal before the Full Bench of N.I.R.C. This appeal was dismissed by the order, dated 31‑12‑1983, it was in these circumstances that the petitioner filed the Constitution Petition in Sind High Court which was dismissed as stated earlier. Mr. Fakhruddin G. Ebrahim learned counsel appearing in support of the petition submits that the learned Judges in the High Court have erred in holding that the Federal Government was competent to make the reference under section 33(1) of the I.R.O. during the pendency of the conciliation proceedings and also failed to appreciate that the dispute raised in the matter was not of national importance which deserve reference to N . I . C . Several submissions raised by the learned counsel deserve consideration of this Court. We, therefore, grant the leave and allow the petition. Security Rs.25,

000. The interim order of this Court dated 20‑8‑1985, shall continue to remain in force until the appeal is decided. M.I./P‑1/S?????????????????????????????????????????????????????????????????????????????????????????? Leave granted.