Law:

Section:

1976 P L C 917 [National Industrial Relations Commission] Present: Qaiser Khan, Chairman S. M. ZAMIR ALAM Versus AGENT, T. J. V., TARBELA Case No. 18(67) of 1976, decided on 28th May 1976. Pakistan Essential Services (Maintenance) Act (LIII of 1952)-- S. 7-A read with West Pakistan Industrial and Commercial Employ­ment (Standing Orders) Ordinance (VI of 1968), S. 16-Provisions of laws contrary to Pakistan Essential Services (Maintenance) Act, 1952 not effective provisions of S. 16 of West Pakistan Industrial and Com­mercial Employment (Standing Orders) Ordinance, 1968 being not con­trary to Pakistan Essential Services (Maintenance) Act, 1952 applicable to services covered by latter Act-Workman awarded re-instatement with full back benefits-Entitled to compensation for accommodation for whole period in terms of S. 16 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. Petitioner in person. Naeern Bokhari for Respondent. ORDER The Tarbela Joint Venture has been declared as an Essential Service under the Pakistan Essential Services (Maintenance) Act, 1952. The Chairman, NIRC or a Member of the Commission authorised by the Chairman has been declared under section 6 of the Act a9 an Authority for regulating the wages and other conditions of service of persons engaged in as Essential Services S. M. Zamir Alam was employed by the TJV. His Services were terminated on 12-°-74. On 29-8-74 be approached the Chairman, NIRC as an authority under the Pakistan. Essential Services (Maintenance) Act, 1952 for his re-instatement with full back benefits on the ground that his services had been illegally terminated. The Chairman authorised Mr. `'' Bashir Ahmed Malik, Member of the Commission to deal with the case. She learned Member after proper trial by his order dated 6-1-75 held that the services of the petitioner had been illegally terminated and ordered him to be re-instated with effect from 12-8-74 with full back benefits. This order was however, not announced to the parties but was sent to the Interior Ministry on 26-4-75 for publication in the official Gazette. It was published in the Gazette of Pakistan Extraordinary dated, 3-1-76. As…

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