Law: Industrial Relations Act, 2012

Section: X,33(6),33(7),33(5),57(1)(a), 57(2)(a) & 67(8)

Law: National Industrial Relations Commission (Procedure and Functions) Regulations, 2016

Section: 45,57

(a)    Industrial Relations Act (X of 2012)-------Ss. 33(6)& 33(7)---Orders passed by the National Industrial Relations Commission ('NIRC'), non-compliance of---Complaint against the employer for its non-compliance of previous order(s) passed by NIRC---Order of the NIRC not specifying a date /period for compliance of order---Lady, who was appointed as Naib Qasid by Pakistan Telecommunication Company Limited ('PTCL') retired on superannuation; her pensionary benefits were allowed by the National Industrial Relations Commission ('NIRC') vide two orders which (orders) were maintained upto the Supreme Court, thus, having attained finality ('the final orders'); on noncompliance, she filed complaint /petition before the National Industrial Relations Commission ('NIRC') praying not only for a direction to pay all pensionary benefits but also for the PTCL (respondents in the said complaint) to be punished for not showing compliance with the final orders---National Industrial Relation Commission allowed worker's complaint / petition against the employer /PTCL--Employer (PTCL) filed constitutional petition assailing order passed by the Full Bench- NIRC whereby its appeal against the said (complaint allowing) order was dismissed---Question was whether the NIRC could punish petitioner/PTCL or any of its (PTCL's) officers for defaults in giving effect to its(NIRC'S) previous (two/final) orders---Contention of the petitioner /PTCL was that S.33(7) of the IRA, 2012, did not permit the prosecution of a person under S.33(6) if the order or decision of the NIRC did not specify a date within which such order or decision was to be implemented---Validity---Section 33(6) of the Industrial Relations Act, 2012, (IRA, 2012) empowers the NIRC to punish a person with imprisonment (for a term which may extend for a period of one year) or with a fine (which may extend to Rs.75,000/-) or both where such person defaults in giving effect to or complying with an order or a decision of the NIRC within seven days or within the period specified in such order or decision---Section 33(7) of the IRA, 2012, provides that no person shall be prosecuted under S.33(6) except on a…