Case Details

Citation(s)
2024 SLG 2672 2024 SLD 2672 2024 PLC 25
Sindh High Court
Constitutional Petition No.D-3853 and C.M.A. No.16813 of 2022, decided on 23rd June, 2022.Date of hearing: 23rd June, 2022.
Before Muhammad Shafi Siddiqui and Rashida Asad, JJ
Zia-ul-Haq Makhdoom for Petitioner. Kafeel Ahmed Abbasi, Deputy Attorney General. Shujauddin for
Respondent No.5.

PAKISTAN TELECOMMUNICATION COMPANY LTD. through Authorized Officer

VS

FEDERATION OF PAKISTAN through Secretary Ministry of Human Resources Development and Overseas Pakistan and 4 others

Law: Industrial Relations Act, 2012

Section: 57

Industrial Relations Act (X of 2012)--- ----S.57---National Industrial Relations Commission, powers of---Re-instatement in service---Contempt proceedings---Petitioner / Pakistan Telecommunication Company ('Company') Limited was aggrieved of order passed by Single Bench of NIRC reinstating respondent / employee and also contempt proceedings initiated for non-compliance of reinstatement order---Petitioner / company invoked Constitutional jurisdiction of High Court as Full Bench of NIRC was not functional---Validity---High Court directed petitioner / Company to appoint an authorized person who would appear and assist and satisfy NIRC regarding not reinstating respondent, despite lapse of six years---In case of failure to satisfy as such, NIRC would be competent to take action including contempt proceedings against petitioner / Company---High Court further directed petitioner / Company to depute an authorized officer to file reinstatement letter and differential amount after recalculation of back benefits to the satisfaction of NIRC---Failure to make compliance of any of the terms so mentioned would be considered as contempt of Court, apart from any additional defiance that could take place before NIRC---Constitutional petition was disposed of accordingly. Muslim Commercial Bank v. Federation of Pakistan PLD 2019 Sindh 624 ref. ORDER Mr. Shujauddin Advocate files his Vakalatnama on behalf of respondent No.5 along with a statement, which are taken on record. Learned counsel for petitioner has challenged an order dated 15.06.2022 of NIRC Single Bench, which is followed by a notice of contempt, issued to president/CEO of the petitioner being a foreigner, in pursuance of a long awaited compliance of NIRC's order of Full Bench. It is contended that NIRC Full Bench is not functional and hence petitioner has invoked the jurisdiction of this Court, which fact is not opposed by Mr. Shujauddin. Order of 15.06.2022 for convenience is reproduced as under:- "Case called. Today, Zia Ahmed Abdul Ali was summoned to appear in person before the Commission on account of non-compliance of order passed by the Commission. The Complainant is not being re-instated inspite of order of…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492