1999 PLP 2243 (SCMR)
RELATIONS COMMISSION — Petitioner Versus NATIONAL INDUSTRIAL RELATIONS COMMISSION through
| Citation | 1999 PLP 2243 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sh. Riaz Ahmed and Munir A. Sheikh, JJ |
| Parties | RELATIONS COMMISSION — Petitioner Versus NATIONAL INDUSTRIAL RELATIONS COMMISSION through |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1999 PLP 2243 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 2243 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sh. Riaz Ahmed and Munir A. Sheikh, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 2243 (SCMR) (RELATIONS COMMISSION — Petitioner Versus NATIONAL INDUSTRIAL RELATIONS COMMISSION through). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Aslam Chaudhary, Advocate-on-Record for Petitioner.
- Nemo for Respondents
- Date of hearing: 24th December, 1998
Headnotes / Summary
(On appeal from the judgment, dated 26-2-1997, of the Lahore High Court passed in Writ Petition No.485 of 1997).
Art. 185(3)
Remarks by High Court about performance as Judicial Officer of Member National Industrial Relations Commission
Leave to appeal was sought by Member against such remarks
Petitioner as Member National Industrial Relations Commission dismissed grievance petition filed before him for non-prosecution
On filing application for restoration of grievance petition petitioner allowed said application without serving notice on opposite-party and fixed grievance petition for hearing
High Court made remarks about performance of petitioner in view of manner in which he dealt with the case and passed order
Petitioner having shown haste in passing order for restoration of grievance petition without service of notice on other party and proceeded to pass an order thereon on next day without affording opportunity to the other party, High Court was justified in making said remarks against petitioner
Remarks made by High Court against petitioner, not suffering from any illegality could not be interfered with by Supreme Court under Art. 185 (3) of Constitution of Pakistan.
Judgment & Decree
MUNIR A. SHEIKH, J.
Through this petition, leave to appeal is sought against the remarks made against the petitioner in paragraphs 5 and 6 of the judgment dated 26-2-1997 passed in Writ Petition No.485 of 1997 by the Lahore High Court, seeking expungment of the same.
2. The petitioner was Member of N.I.R.C. who decided a grievance petition through order dated 30-12-1996 which was challenged in Writ Petition No.485 of 1997 before the High Court which was accepted through judgment, dated 26-2-1997 and the learned Judge in Chamber made impugned remarks about his performance keeping in view the manner in which the petitioner dealt with the case and passed order impugned in the writ petition.
3. We have been informed that the petitioner has ceased to be the Member of the N.I.R.C. The petition before the N.I.R.C. which was heard by the petitioner was dismissed for non-prosecution on 26-11-1996. An application for its restoration was filed on 29-12-1996 which was allowed `without serving notice on the opposite party i.e., the writ petitioner and fixed the same for hearing for 30-12-1996 on which date the order impugned in the writ petition was passed. Keeping in view this aspect of the case that the petitioner showed haste in passing the order for restoration of the petition without service of notice on the other party and proceeding to pass an order on the next day without affording opportunity to the writ petitioner, the learned Judge was justified in making the impugned observations.
4. We are not disposed in our discretion vested in the Court under Article 185 of the Constitution to interfere in the matter as, the observations made by the learned Judge of the High Court in these circumstances do not suffer from any illegality, therefore, this petition is hereby dismissed and leave to appeal refused. H.B.T./S-126/S??????????????????????????????????????????????????????????? Petition dismissed