2000 PLP 149 (PLC)

‑‑‑‑Ss. 15 & 22‑A‑‑‑Ejectment of employees from residential quarters‑‑ Validity‑‑‑Petitions before National Industrial Relations Commission‑‑ Maintainability‑ ‑Petitioners in their petitions had alleged that company was going to eject them from their respective residential quarters without any justification‑‑‑Company had been privatized and Privatization Commission was getting such residential quarters vacated according to its own administrative requirements‑‑‑After privatization of Company allotment of accommodation had become a part of terms and conditions of civil servants and fell within exclusive jurisdiction of Federal Service Tribunal and did not fall under category of unfair labour practice‑‑‑National Industrial Relations Commission, in circumstances, had no jurisdiction to adjudicate on such matters‑‑‑Petition filed by petitioners was dismissed being not maintainable. The case of the petitioners is that they are permanent employees of Pakistan Engineering Company and they were allotted quarters Nos.5, 1, 2, 3, 4, 6, 8, 10, 11, 12, 1 3 and 15 respectively and the house rent of the said quarters is being deducted from the monthly pay. It is submitted that the petitioners never violated the condition of allotment and according to law, the petitioners cannot be ejected from their residences till the time, they are in service of the respondents. It is submitted that the respondents are going to eject the petitioners from their respective quarters without any justification. It is submitted that the respondent No.2 has threatened the petitioners that he will bulldoze the quarters in which the petitioners are residing, with their families. In para. 8, it is submitted that the petitioners filed a civil suit but the learned Civil Judge passed an order that it is a case of mallabour practice on behalf of the respondents, therefore, the petitioners should approach the N.I.R.C. It was prayed that a direction be issued not to demolish the quarters which are legally in occupation of the petitioners and they are paying the house rent according to the agreement.

2. On 25‑6‑1996 my predecessor Agha Salim Khurshid, learned Member passed an order to maintain status quo.

3. In reply, the respondents have submitted that case does not fall under section 15 of the I.R.O., 1969 and hence this Commission lacks jurisdiction. It is also submitted that the petitioners cannot approach the N.I.R.C. because nowhere they have alleged any action against them on account of their trade union activities. It is also submitted that the petitioners have failed to implead the Privatization Commission as party because Privatization Commission is getting these quarters vacated according to their own administrative requirements. It is also submitted that Company has been broken into two Units i.e. Badami Bagh Works and Kot Lakhpat Works as per Cabinet decision of the Islamic Republic of Pakistan. The possession of Badami Bagh Works have been handed over to the Privatization Commission and the services of the petitioners stand terminated on the closure of Badami Bagh Works and they have got no right to occupy the quarters.

4. On merits, it was submitted that the petitioners were employees of Badami Bagh Works which has been closed under the orders of Prime Minister of Pakistan. The petitioners are illegally occupying the quarters in violation of the solemn commitments given to the Privatization Commission through their C.B.A. It is submitted that petitioners have come with unclean hands and suppressed some material facts which is that this is not a case of unfair labour practice, rather a decision has been taken on the directive of the Federal Government that vacant possession of the residential quarters is to be handed over to the Auction‑Purchaser. It is submitted that the petition be dismissed with cost.

5. From the perusal of the documents, so placed by the respondents, it appears that the matter is exclusively under the Prime Ministers Privatization Commission of the specified area where the quarters fall and the petitioners have placed false conditions and. this factual position has been totally suppressed. I am fully guided by judgment of the Federal Service Tribunal according to which question of allotment of accommodation has become a part of terms and conditions of civil servants and thus falling within exclusive jurisdiction of Federal Service Tribunal in accordance with Article 212 of the Constitution of Islamic Republic of Pakistan. Therefore, the petitioner's case is regarding allotment/retaining of the quarters, therefore, the same does not fall under the category of unfair labour practice and regarding a part of terms and conditions of civil servants, the N.I.R.C. has no jurisdiction to entertain and adjudicate upon it. Under the above circumstances, the petition is dismissed being not maintainable and the earlier order passed by learned Member, Agha Salim Khurshid, dated 25‑6‑1996 is recalled. The file be consigned to record. H.B.T./343/NIRC Petition dismissed.