Law:

Section:

Industrial Relations Act (X of 2012)--- ----Ss. 2(xxxii), 33, 53, 54(e) & 57---Punjab Industrial Relations Act (XIX of 2010), S.33---Constitution of Pakistan, Art.199---Constitutional petition---Individual grievance of employee/workman---Trans-provincial establishment---Promulgation of Industrial Relations Act, 2012, pending proceedings before Labour Court and Labour Appellate Tribunal---Effect---Workman (petitioner) challenged his termination order before Labour Court---During pendency of petition before Labour Court, the Federal Government promulgated Industrial Relations Act, 2012, however the Labour Court decided/dismissed the petition of workman (petitioner) on merits---Appeal filed by workman (petitioner) was also dismissed by Labour Appellate Tribunal---Contention of the workman (petitioner) was that after the promulgation of Industrial Relations Act, 2012, the Labour Court and Labour Appellate Tribunal had no jurisdiction to adjudicate upon the controversy relating to "trans-provincial establishment", therefore impugned orders were coram non judice---Validity---After the promulgation of Industrial Relations Act, 2012, it was incumbent upon the Labour Court and Labour Appellate Tribunal to transfer the petition/proceedings pertaining to "trans-provincial establishment" to National Industrial Relations Commission (NIRC), but the same was not done---Appeal of the petitioner pending before Labour Appellate Tribunal could also not be decided by such forum on promulgation of the Industrial Relations Act, 2012---Impugned orders were set aside by High Court---Constitutional petition was allowed. JUDGMENT SHEZADA MAZHAR J.--- Through the present writ petition, the petitioner has challenged the order dated 29-2-2012 passed by the learned Presiding Officer of Punjab Labour Court No.IV, Faisalabad as well as dated 25-2-2013 passed by the Punjab Labour Appellate Tribunal, Lahore on the ground that after the promulgation of Industrial Relations Act, 2012 (IRA, 2012), the Punjab Labour Court No.IV, Faisalabad as well as the Punjab Labour Appellate Tribunal, Lahore had no jurisdiction to adjudicate upon the matter of the petitioner as the petitioner is a workman of…

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