Law: Industrial Relations Act, 2012

Section: 33,54

Law: Payment of Wages Act, 1936

Section: 15

Industrial Relations Act (X of 2012)--- ----Ss. 33 54---Payment of Wages Act (IV of 1936), S. 15---Redress of individual grievances---Trans-provincial establishment---Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims---Scope---Petitioner impugned order passed by Full Bench of National Industrial Relations Commission (NIRC) whereby it was directed to release outstanding salaries of the respondents and the case was remanded to the Single Bench of NIRC for decision on grievance petitions after recording evidence of the parties---Contention of petitioner was that the matter of grant of salaries fell within the ambit of Payment of Wages Act, 1936 and that the case of respondents did not fall within the scope of S.54 of Industrial Relations Act, 2012---Validity---Admittedly, petitioner was a trans-provincial establishment---Commission had jurisdiction to adjudicate upon the matter with respect to the petitioner---Individual grievances of workers against the employer could be lodged before the NIRC under Ss. 54 33 of the Industrial Relations Act, 2012---Full Bench of NIRC had remanded the main petitions to the Single Bench of NIRC, therefore, no prejudice was caused to either party---Constitutional petitions were dismissed. ORDER ADNAN-UL-KARIM MEMON, J.---- We intend to dispose of the captioned petitions by way of this single order as the aforesaid petitions have same circumstances, questions of law and facts. 2. Precise facts of the case, as per pleadings, are that private respondents were in the employment of the petitioner / K-Electric Limited since years together in their different capacities/posts and obtained ad-interim order dated 05.10.2011 from the National Industrial Relations Commission (NIRC), Karachi against unfair labour practice. Finally their petitions were dismissed by learned Single Member Bench of NIRC, Karachi vide common order dated 21.11.2016. Private respondents being aggrieved by and dissatisfied with the aforesaid impugned order filled statutory Appeals Nos.12(121)2016-K, 12 (123)2016-K and 12 (124)2016-K before learned Full Bench of NIRC, Karachi, which were allowed vide…

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