Law:

Section:

(a) Industrial Relations Act (IV of 2008)-------Ss. 25 & 87(3)--- Constitution of Pakistan, Arts. 144(1), 264 & 270-AA [as substituted by Constitution Eighteenth Amendment Act (X of 2010)]---General Clauses Act (X of 1897), Ss. 6 & 24---National Industrial Relations Commission (NIRC), remedy before---Automatic repeal of Industrial Relations Act, 2008 on 30-4-2010 after completion of its statutory period provided in S. 87(3) thereof--- Legislative measure to supersede Industrial Relations Act, 2008 or extend such period 30-4-2010 not taken by respective Provincial Assemblies till June and July 2010 after passing of Eighteenth Constitutional Amendment on 20-4-2010---Availability of protection to Industrial Relations Act, 2008 upto 30-6-2011 under Art. 270-AA of the Constitution---Scope---Industrial Relations Act, 2008 continued to be in force till 30-4-2010 despite abolition of Concurrent Legislative List---Industrial Relations Act, 2008 was a temporary legislation, which stood repealed automatically on 30-4-2010 in terms of S.87(3) thereof---Protection provided under Art.270-AA of the Constitution to all permanent laws enacted by Parliament on subjects mentioned in Concurrent Legislative List did not have any effect on S. 87(3) of the Act, which remained operative till 30-4-2011---Neither S. 6 of General Clauses Act, 1897 nor Art. 264 of the Constitution would apply to Industrial Relations Act, 2008, which was not repealed by any other legislation, rather same was repealed by its own force on expiry of period mentioned in S.87(3) thereof---Industrial Relations Act, 2008 was not an Ordinance, but was an Act of Parliament---No sooner did the Act lapse on 30-4-2010, neither Industrial Relations Ordinance, 2002 nor Industrial Relations Ordinance, 1969 could occupy field on the strength of S. 6 of General Clauses Act, 1897 or Art. 264 of the Constitution---After abolition of Concurrent Legislative List by means of Eighteenth Constitutional Amendment, no federal legislation could be made on labour matters except recourse to provisions of Art. 144(1) of the Constitution---Respective Provincial Assemblies had enacted respective laws on subject of labour and…

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