Case Details

Citation(s)
2024 SLG 2670 2024 SLD 2670 2024 PLC 18
Islamabad High Court
I.C.A. No.01 of 2016 in Writ Petition No.4004 of 2010, decided on 22nd June, 2023.Dates of hearing: 17th January and 20th June, 2023.
Before Miangul Hassan Aurangzeb and Babar Sattar, JJ
Barrister Rizwan Ahmad for Appellant. Mrs. Misbah Gulnar Sharif for
Respondent.

FEDERAL REVENUE ALLIANCE EMPLOYEES UNION through President

VS

FEDERAL BOARD OF REVENUE through Chairman

Law: National Industrial Relations Commission (Procedure and Functions) Regulations, 1973

Section: 8Z(1)

Law: Industrial Relations Act, 2008

Section: 1(3)(b)

Law: Industrial Relations Act, 2012

Section: 2(xxxiii)

(a) National Industrial Relations Commission (Procedure and Functions) Regulations, 1973--- ----Regln. 8(1)---Industrial Relations Act (IV of 2008), S.1(3)(b)---Industrial Relations Act (X of 2012), S.2(xxxiii)---Registration as a trade union, matter of---Intra Court appeal filed by the employees---Maintainability---National Industrial Relations Commission ('N.I.R.C.') allowed registration of few employees of Federal Board of Revenue ('employees') as a trade union( by the name of Federal Revenue Alliance Employees' Union), against which order Federal Board of Revenue ('F.B.R.') filed a constitutional petition---Constitutional petition was allowed---Employees preferred appeal against the said order passed in the constitutional petition---Held, that F.B.R. could not have filed an appeal against the order passed by the Chairman, N.I.R.C., before the Full Bench, N.I.R.C. as S. 12 of the Industrial Relations Act, 2012 ('I.R.A., 2012') conferred a right of appeal against an order passed by the Registrar Trade Unions ('R.T.U.') only to a trade union, its members or an officer of the trade union; which provision did not confer such a right of appeal on the employer---Law did not confer a right of appeal, revision or review on the employer against the order passed by the Chairman, N.I.R.C.---Even S. 14 of the ('I.R.A.2008') conferred a right of appeal on a trade union aggrieved by an order for the cancellation of the registration of a trade union; it conferred no such right on the employer---Intra Court Appeal was maintainable, in circumstances. (b) National Industrial Relations Commission (Procedure and Functions) Regulations, 1973--- ----Regln. 8(1)---Industrial Relations Act (IV of 2008), S. 1(3)(b)---Industrial Relations Act (X of 2012), S. 2(xxxiii)---Registration of employees of the Federal Board of Revenue as a trade union, matter of---"Workers" and "Workmen"---Scope---National Industrial Relations Commission ('N.I.R.C.')allowed registration of few employees of Federal Board of Revenue ('employees') as a trade union( by the name of Federal Revenue Alliance Employees' Union), against which order Federal Board of Revenue ('F.B.R.') filed a constitutional…
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