Law: Industrial Relations Act, 2012

Section: Preamble,2(xxxiii),33,33(4)

(a) Industrial Relations Act (X of 2012)--- ----Preamble---Industrial Relations Act, 2012, which was enacted within the legislative domain of the Parliament, was a valid piece of Legislation---Industrial Relations Act, 2012 was not ultra vires the Constitution and Majlis-e-Shoora (Parliament) did not lake legislative competence to pass the Act. (b) Industrial Relations Act ( X of 2012)--- ----S. 2(xxxiii)--- 'Workman'--- Status--- Determination of--- Every workman who was in service was a 'workman', while a former workman, was to be regarded as a workman only, if his services were terminated in connection with, or as a consequence of an industrial dispute---Former workman, whose services were terminated, not in connection with or as a consequence of an industrial dispute, was not a workman in terms of S.2(xxxiii) of Industrial Relations Act, 2012. (c) Industrial Relations Act (X of 2012)--- ----S. 33---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.12(3)---Jurisdiction of National Industrial Relations Commission---Scope---Remedy for a workman, aggrieved by his dismissal or termination---Exclusive jurisdiction of National Industrial Relations Commission under S.33 of Industrial Relations Act, 2012, was confined to the cases, where a workman had a grievance, while still in service; or his grievance was that his services had been illegally terminated, but in connection with or as a consequence of the industrial dispute---Such workman, unless his services were terminated in connection with or as a consequence of an industrial dispute, could not approach the National Industrial Relations Commission under S.33(4) of Industrial Relations Act, 2012 for redressal of his grievance---Standing Order 12(3) of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 provided a remedy to a workman aggrieved by his dismissal, or termination; which was neither in connection with, nor as a consequence of an industrial dispute---Standing Order 12(3) provided a remedy in case the services of a workman were terminated in violation of the rights or services safeguards guaranteed by the Standing Order Ordinance, 1968---Such remedy was…

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