Law: Industrial Relations Act, 2012

Section: 2(xxxiii), 33

Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Section: Arts. 2(i) , 12(3)

Industrial Relations Act, 2012 (X of 2012)--

----Ss. 2(xxxiii) & 33--Industrial and Commercial Employment (Standing Orders), 1968, Arts. 2(i) & 12(3)--Appointment as Senior Executive--Termination from service--Grievance petition--Accepted--Reinstatement--Maintainability--Appeal--Dismissal--Onus to
prove--Workman--Essential requirements--Challenge to--Concurrent decisions--Initial onus is on person asserting a fact for seeking a relief--Initial onus was upon aggrieved ‘worker’ respondent, to prove that he was a ‘workman’ under both statutes--There was no assertion made by respondent that he was a ‘workman’ carrying on manual and clerical work--It was asserted that his service in petitioner did not include supervisory or managerial role nor did he had authority to hire or fire an employee--The respondent, having failed to even assert essential requirements of being a ‘workman’--The respondent failed to fulfill required standards under law--The forums below had failed to correctly appreciate all three crucial issues discussed hence warrants correction--Appeal allowed.


1993 SCMR 672, 2015 SCMR 434, 1993 SCMR 1370 &
2008 SCMR 1530 ref.

 

ORDER

Yahya Afridi, J.--Messrs Pak Telecom Mobile Limited (“petitioner-company”) has, through this petition, challenged the concurrent decisions of the Single Member and Full Bench of the National Industrial Relations Commission (“NIRC”) made under the Industrial Relations Act, 2012 (“IRA of 2012”), that were maintained by the Islamabad High Court (“High Court”) vide the impugned order dated 17.12.21.