2003 PLP 225 (PLC)
PUNJAB LOCAL GOVERNMENT BOARD, LAHORE Versus NATIONAL INDUSTRIAL RELATIONS COMMISSION, LAHORE BENCH,
| Citation | 2003 PLP 225 (PLC) |
| Forum / Court | Lahore High Court |
| Bench Members | Sayed Zahid Hussain, J |
| Parties | PUNJAB LOCAL GOVERNMENT BOARD, LAHORE Versus NATIONAL INDUSTRIAL RELATIONS COMMISSION, LAHORE BENCH, |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969 |
Q1: What are the key laws and sections cited in 2003 PLP 225 (PLC)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 225 (PLC)?
The case was heard and decided by the Lahore High Court bench comprising: Sayed Zahid Hussain, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 225 (PLC) (PUNJAB LOCAL GOVERNMENT BOARD, LAHORE Versus NATIONAL INDUSTRIAL RELATIONS COMMISSION, LAHORE BENCH,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mobeen-ud-Din Qazi for Petitioner. .
- Qadir Zaman Shah Taimoori for Respondent.
- Learned counsel appearing for respondent No.2 submits that the said respondent has taken away the brief from him and has since long not imparted any instruction to him.
Headnotes / Summary
S.22-A
Constitution of Pakistan (1973), Arts.199 & 212(2)-- Constitutional petition--Order of repatriation
Jurisdiction of National Industrial Relations Commission
Respondent who was Sub-Engineer in B.P.16, assailed order of his repatriation through a petition under S.22-A of Industrial Relations Ordinance, 1969 by filing petition before National Industrial Relations Commission and order of repatriation was suspended by National Industrial Relations Commission
Subsequently when respondent was relieved by employer for development which took place later on, contempt petition filed by respondent against relieving order was also accepted by National Industrial Relations Commission which suspended the operation of relieving order
Respondent being a civil servant could not have resorted to any remedy before National Industrial Relations Commission
Assumption of jurisdiction by National Industrial Relations Commission in a matter to which jurisdiction of Service Tribunal extended, stood ousted in terms of Art. 212(2) of Constitution of Pakistan (1973)-- Exercise of jurisdiction by National Industrial Relations Commission, in circumstances, was declared illegal and unwarranted by High Court.
Judgment & Decree
Writ Petition No. 14096 of 1999, decided on 25th June, 2002.
S.22-A
Constitution of Pakistan (1973), Arts.199 & 212(2)-- Constitutional petition--Order of repatriation
Jurisdiction of National Industrial Relations Commission
Respondent who was Sub-Engineer in B.P.16, assailed order of his repatriation through a petition under S.22-A of Industrial Relations Ordinance, 1969 by filing petition before National Industrial Relations Commission and order of repatriation was suspended by National Industrial Relations Commission
Subsequently when respondent was relieved by employer for development which took place later on, contempt petition filed by respondent against relieving order was also accepted by National Industrial Relations Commission which suspended the operation of relieving order
Respondent being a civil servant could not have resorted to any remedy before National Industrial Relations Commission
Assumption of jurisdiction by National Industrial Relations Commission in a matter to which jurisdiction of Service Tribunal extended, stood ousted in terms of Art. 212(2) of Constitution of Pakistan (1973)-- Exercise of jurisdiction by National Industrial Relations Commission, in circumstances, was declared illegal and unwarranted by High Court. Mobeen-ud-Din Qazi for Petitioner. . Qadir Zaman Shah Taimoori for Respondent. After a round of litigation up to this Court earlier, repatriation order was sought to be assailed by respondent No.2 through a petition under section 22-A of Industrial Relations Ordinance before National Industrial Relations Commission. By order dated 23-6-19517 the learned Member of the Commission ordered the suspension of the said order. For the developments which took place later on, the respondent was relieved by the petitioner vide order dated 10-9-1998. He then filed contempt petition before N.I.R.C. when on 23-9-1998 a learned Member of the Commission passed order suspending the operation of above order dated 10-9-1998. These orders were challenged through this petition by the petitioner inter alia on the ground that respondent No.2 being a civil servant could not have resorted to any remedy before National Industrial Relations Commission. While admitting the writ petition to regular hearing, the operation of the impugned order passed by N.I.R.C. (dated 23-9-1998) was suspended. Learned counsel appearing for respondent No.2 submits that the said respondent has taken away the brief from him and has since long not imparted any instruction to him. The lack of interest by respondent No.2 is quite understandable in view of the facts and circumstances of the case inasmuch as the order passed by N.I.R.C. was suspended by this Court on 29-7-1999. As a result whereof, order passed by the Department revived and took effect. Be that as it may, the assumption of jurisdiction by respondent No. 1 in a matter: to which the jurisdiction of the Service Tribunals extended under section 4 of Punjab Service Tribunal Act, 1974 stood in terms of Article 212 (2) of the Constitution of Islamic Republic of Pakistan, 1973. The assumption of jurisdiction of respondent No. 1 was wholly illegal and unwarranted. As a result whereof, the petition is accepted. No order as to costs. H.B.K./S-500/L Petition accepted.