| Citation(s) |
|---|
| 2015 SLG 1602 2015 SLD 1602 2015 PLC 52 |
National Industrial Relations Commission
Appeals Nos.4B(181) and 4B(182) of 2013, decision dated: 3rdApril, 2014, hearing DATE : 24-10-2013
JUSTICE (R) RAJA FAYYAZ AHMED, CHAIRMAN
Chaudhry Sagheer Ahmed for Appellants (in both the appeals). Khawaja Muhammad Arif for
Respondents (in both the appeals)
Appeals Nos.4B(181) and 4B(182) of 2013, decision dated: 3rdApril, 2014, hearing DATE : 24-10-2013
JUSTICE (R) RAJA FAYYAZ AHMED, CHAIRMAN
Chaudhry Sagheer Ahmed for Appellants (in both the appeals). Khawaja Muhammad Arif for
Respondents (in both the appeals)
UTILITY STORES CORPORATION through Regional Manager Utility Stores Corporations, Islamabad and another
VS
MUHAMMAD ARBAB BHATTI and another
Law:
Section:
(a) Industrial Relations Act (X of 2012)-------Ss. 56(2) & 58(1)(2)---Payment of Wages Act (IV of 1936), S.17---Appeal against order of the Authority under the Payment of Wages Act, 1936---Competency and maintainability---Under S.58 of Industrial Relations Act, 2012, appeal was provided to the Full Bench of the Commission only against an order, decision etc. passed by a Member of the Commission and no appeal could be preferred to the Commission against an order passed by the Authority under Payment of Wages Act, 1936 within the purview of S.17 of the said Act---Remedy by way of appeal against an award or decision given or a sentence or order determining and certifying a collective bargaining unit passed by any Bench of the Commission was available before the Commission under subsection (1) and to be disposed of under subsection (2) of S.58 of the Industrial Relations Act, 2012---Subsection (2) of S.56 of the Industrial Relations Act, 2012 provided that an award or decision given or a sentence or order determining and certifying a collective bargaining unit by any Bench of the Commission in accordance with the Act shall be deemed to be order passed, award given, sentence passed, powers exercised or proceedings commenced as the case may be, by the Commission---Under S.58 appeal lay to the Full Bench of the Commission only against an award, decision given or sentence or order passed by any Bench of the Commission, therefore, no appeal lies against the order of the Authority under the Payment of Wages Act, 1936. General Steel Tools Company, Gujranwala v. Presiding Officer Punjab Labour Court No.2, Lahore and 2 others 1976 PLC 528 ref. (b) Interpretation of statues--- ----"Reading in, principle of---Scope-Court had no power to change, alter or eliminate the word which the legislature has incorporated in a statute not even in order to provide for certain contingencies which the legislature failed to meet, or to avoid hardship flowing from the language used or to advance the remedy of the statute. Azad Government v. Human Rights Commission 1999 MLD 268 and Muhammad Ismail v. State PLD 1969 SC 24 rel. ORDER JUSTICE (R) RAJA FAYYAZ AHMED (CHAIRMAN).--- The precise…