Illegal Order

If an order is illegal then perpetual rights cannot be gained (by employees) on the basis of such an illegal order.

National Electric and Power Regulatory Authority (NEPRA) assailed appointment of CBA on the ground that it was neither an establishment nor industry and provisions of Industrial Relations Act, 2012 were not applicable to it

Plea raised by respondent was that alternate remedy under S.58 of Industrial Relations Act, 2012, was available to NEPRA, therefore, Constitutional petition was not maintainable

Validity

In order to fall within the definition of an "industry" as defined under S.2(xvii) of Industrial Relations Act, 2012, employment or occupation must be for production of goods or provision of services and essentially having nexus with a business or industry

Distribution or generation company would fall within the definition of an "establishment" or an "industry" as it produced electricity and thereafter distributed and supplied the same to consumers for which latter would pay according to tariff determined by NEPRA

Water And Power Development Authority (WAPDA) and other power distribution companies or entities were undoubtedly engaged in business and were providing services, therefore, in their case provisions of Industrial Relations Act, 2012, applied

NEPRA was neither engaged in any business or production or manufacture of goods or provisions of services

Order passed by authorities issuing CBA certificate was without jurisdiction and coram non-judice and since efficacious alternate remedy was not available to petitioner, therefore, petition was maintainable under Art.199 of the Constitution

Petition was allowed in circumstances.

Where order passed by executive authority is patently illegal and unlawful, High Court has the ample power to take judicial notice thereof.

Illegal order must be set aside through appropriate proceedings before proper forum within time stipulated by Statute of limitation while void order could be ignored.

Where basic order is without lawful authority, the superstructure falls on ground automatically.

If the order is illegal then perpetual right cannot be gained on the basis of such illegal order.

Where base/foundation of any order is illegal then whole superstructure built thereupon cannot be sustained.

If order was illegal, perpetual rights could not be gained on basis of said illegal order.