Law:

Section:

National Industrial Relations Commission (Procedure and Functions) Regulations, 1973-- -----Regln. 32---National Industrial Relations Commission (NIRC)---Powers--- Interim relief---Scope--- During pendency of grievance petitions filed by workers, employer company dismissed some of the workers on the ground that principal of the company terminated agreement in respect of equipment maintenance and repair work done by the company therefore, workers employed for such purpose had become surplus---NIRC suspended operation of termination letters issued to such workers---Validity---Held, in Regln.32 of National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, there was a clear distinction between cases where unfair labour practice was apprehended to be committed and where unfair labour practice had already been committed--- Power of NIRC where unfair labour practice had already been committed was governed by Regln.32(1) of National Industrial Relations Commission (Procedure and Functions) Regulation, 1973, and in the cases where unfair labour practice was apprehended to be committed power of NIRC was regulated by Regln.32(2) of National Industrial Relations Commission (Procedure and Functions) Regulations, 1973---While passing order in question, NIRC failed to advert grounds taken in termination letter and other issues relating to jurisdiction to pass ante status quo which had also not dealt with in a proper manner---High Court in exercise of Constitutional jurisdiction set aside order passed by NIRC suspending operation of termination letters and remanded the matter to NIRC for decision afresh after providing opportunity of hearing to the parties---Constitutional petition was allowed accordingly. Islamic Republic of Pakistan through Secretary Establishment Division v. Muhammad Zaman Khan and others 1997 SCMR 1508; Allied Bank of Pakistan Ltd. and 3 others v. Chairman National Industrial Relations Commission and 4 others 1984 PLC 1342; National Bank of Pakistan v. Muhammad Senior Member N.I.R.C. and another 1986 PLC 985; Khuda Bux Baluch v. M. Attaullah 1990 PLC 599; National Bank of Pakistan v. National Industrial Relations Commission…