| Citation(s) |
|---|
| 2013 SLG 1812 2013 SLD 1812 2013 PLC 323 |
Islamabad High Court
Writ Petition No.1067 of 2013, heard on 9-04-2013
NOOR-UL-HAQ N. QURESHI, J
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Writ Petition No.1067 of 2013, heard on 9-04-2013
NOOR-UL-HAQ N. QURESHI, J
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EHSAN AHMED CHAUDHRY
VS
MEMBER, NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD and others
Law:
Section:
Constitution of Pakistan--- ----Art. 199---Industrial Relations Act (I of 2012), S.58---Constitutional petition--Maintainability-:-Petitioner had invoked constitutional jurisdiction with the prayer that impugned order passed by Member National Industrial Relations Commission, be set aside being without jurisdiction and without lawful authority---Constitutional petition could be filed by an approved office-bearer of Union, while petitioner was a stranger for the purpose---Impugned order being interim in nature, constitutional petition was not maintainable in its present form---Petitioner should have approached proper forum for redressal' of his grievance by filing appeal under S.58 of Industrial Relations Act, 2012. JUDGMENT NOOR-UL-HAQ N. QURESHI, J.--- Through the present writ petition, the petitioner has invoked constitutional jurisdiction with the prayer that the impugned order dated 5-3-2013 passed by respondent No.1 may be set aside being without jurisdiction and without lawfully authority. 2. Brief facts giving rise to the disposal of instant writ petition are that the petitioner is a Secretary General of Pakistan WAPDA Employees Pegham Union", which is a industry wise trade union for the establishment of WAPDA and its all corporatized companies and at present enjoying the status of Collective Bargaining Agent (CBA). The petitioner as Secretary. General of the said Union submitted proceedings for the approval of newly elected office bearers, which was duly approved by the Commission. Another person namely Muhammad Ikhlaq Khan also filed another proceedings before the Registrar, NIRC for approval of newly elected office-bearer, in which, name of respondent No.3 was also included, but the same proceedings were declared fake and bogus by the Commission. Against that order, respondent No.3 filed appeal before Full Bench of NIRC on which objection of non-functioning of Full Bench of NIRC was raised. Thereafter, respondent No.3 filed Writ Petition No.3471 of 2011 before this Court, which was dismissed vide order dated 23-4-2012 with the observation to avail appropriate, remedy before NRC. Consequently, respondent ,No.3 filed appeal before NIRC and direction was…
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