Case Details

Citation(s)
2018 SLG 1679 2018 SLD 1679 2018 PLC 186
Labour Appellate Tribunal, Balochistan
Labour Appeal No. 23 of 2017, decided on 07-03-2018. Date of hearing: 02-03-2018.
ZAHOOR AHMED MENGAL, MEMBER
Aslam Jamali, Additional Advocate General for Appellant. Syed Zareef Shah for
Respondent.

INDUSTRY AND ANOTHER

VS

LASBELLA INDUSTRIAL ESTATE DEVELOPMENT AUTHORITY THROUGH PRESIDENT

Law:

Section:

Balochistan Industrial Relations Ordinance (XIII of 2010)--- ----S. 41(6)---Industrial Relations Act (X of 2012), S.87---Grievance petition---Execution of passed by the National Industrial Relations Commission through Labour Court---Scope---Execution petition was moved before National Industrial Relations Commission but same was returned due to want of jurisdiction---Applicant filed another execution petition before Labour Court for execution of order passed by the National Industrial Relations Commission which was accepted---Contention of employer was that Labour Court had no jurisdiction to implement the order passed by the other forum---Validity---Matter was initially entertained by the National Industrial Relations Commission and final was passed by the said forum---Section 87 of Industrial Relations Act, 2012 contained the National Industrial Relations Commission to deal with the Federal and trans-provincial matters---Matter being provincial subject, National Industrial Relations Commission lost its jurisdiction---Labour Court had passed the impugned order in accordance with law---No illegality had been committed by the Court below---Appeal was dismissed in circumstances. 2015 PLC 1 rel. THIS JUDGMENT DELIVERED BY: ZAHOOR AHMED MENGAL, MEMBER.--- This appeal is filed against the judgment dated 21-08-2017 passed by the Presiding Officer, III Labour Court at Hub wherein the application filed by respondents under section 41(6) of Balochistan Industrial Act, 2010, was allowed. 2. Brief facts of the case are that the respondent filed a grievance petition before NIRC Balochistan chapter, which was allowed on 01-01-2009 and appeal filed by the concern party was dismissed by the full bench of NIRC on 17-08-2010, while on 31-03-2015 the respondent filed an execution application before the NIRC and the same was returned back to the applicant due to want of Jurisdiction, therefore, the respondent/applicant preferred another application before the Trial Court for execution of order dated 01-01-2009 passed by the NIRC which was allowed by the Trial Court through the judgment impugned herein. 3. Counsel of the appellant mainly stressed on the point that on one hand the…
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