| Citation(s) |
|---|
| 2017 SLG 1684 2017 SLD 1684 2017 PLC 153 |
Sindh High Court
C.P. No. D-3633 of 2016, decision Date : 31-08-2016.
KHADIM HUSSAIN M. SHAIKH, JUSTICE, SYED HASSAN AZHAR RIZVI, JUSTICE
Saim Hashmi for Petitioner.
C.P. No. D-3633 of 2016, decision Date : 31-08-2016.
KHADIM HUSSAIN M. SHAIKH, JUSTICE, SYED HASSAN AZHAR RIZVI, JUSTICE
Saim Hashmi for Petitioner.
OIL AND GAS DEVELOPMENT COMPANY LIMITED THROUGH AUTHORIZED ATTORNEY
VS
FEDERATION OF PAKISTAN THROUGH MINISTRY OF LABOUR, MANPOWER AND OVERSEAS PAKISTANIS & 2 OTHERS
Law: Constitution of Pakistan, 1973
Section: 199
Constitution of Pakistan--- ----Art. 199--- Constitutional petition--- Interim order--- Alternate remedy---Petitioner company was aggrieved of interim order passed by authorities on the application filed by respondent trade union---Validity---Order in question passed by National Industrial Relations Commission was provisional in nature, effective till next date and no final order was passed even interlocutory application was pending before the Commission---Petitioner company had got an adequate remedy to challenge final order, in case, the order, if any, was passed against petitioner company even on interlocutory application---Question relating jurisdiction was to be raised before Court or forum seized with the matter either in pleadings and/or by making a proper application---National Industrial Relations Commission while dismissing appeal filed on behalf of petitioner company against order in question directed the authorities to decide interlocutory application on merits expeditiously in accordance with law, advising petitioner company to raise and agitate all points before the authorities---Petitioner company made no effort to place and agitate its case before authorities and instead of doing so Constitutional petition was filed---High Court declined to interfere in the matter---Constitutional petition was dismissed in circumstances. Muhammad Anwar and others v. Mst. Ilyas Begum and others PLD 2013 SC 255; Waqar Ali and others v. The State PLD 2011 SC 181; Utility Stores Corporation of Pakistan Limited v. Punjab Labour Appellate Tribunal and others PLD 1987 SC 447; Sindh Employees' Social Security Institution v. Dr. Mumtaz Ali Taj and another PLD 1975 SC 450 and Syed Ali Abbas and others v. Vishan Singh and others PLD 1967 SC 294 distinguished. THIS ORDER PASSED BY: KHADIM HUSSAIN M. SHAIKH, JUSTICE:---.--- Through this petition, the petitioner has called in question order dated 22.06.2016, passed by the respondent No. 2 namely the Member, National Industrial Relations Commission (NIRC) Bench at Sukkur and order dated 28.07.2016, passed by the learned Full Bench, National Industrial Relations Commission (NIRC) Islamabad, (not party, herein after will be…
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