Law: Constitution of Pakistan, 1973

Section: 199

Law: Industrial Relations Act, 2012

Section: 41,12

Law: Code of Criminal Procedure, 1898

Section: Order 1 Rule 10

Summary: The case involves a Constitution Petition filed by M/s International Industries (Pvt.) Ltd. under Article 199 of the Constitution of Pakistan, challenging orders of the National Industrial Relations Commission (NIRC). Facts: Respondent No.1 was employed via M/s Al-Falah Contractor but claimed to be a direct employee of the petitioner company, performing core manufacturing work under the company’s supervision and control. The petitioner company denied the employer-employee relationship, asserting the workers were contractor employees. Petitioner’s argument: The grievance application was time-barred, workers were contractor employees, and NIRC acted without jurisdiction. Cited cases like the NBP janitorial staff FCC decision to argue outsourcing does not create employment rights. Respondent’s argument: Workers performed core functions under company supervision, machinery, raw materials, and premises belonged to the petitioner, and contractor had no independent infrastructure. Therefore, they should be recognized as employees with entitlement to statutory benefits under IRA 2012. Court’s finding: Applying principles from Fauji Fertilizer Co. v. NIRC (2014 SCMR 1453) and IRA 2012, the Full Bench correctly held that substantial control and integration of workers establish an employer-employee relationship. Grievance petitions were timely, and petitioner’s claim lacked merit. Petition dismissed. Sections/Provisions Used: Article 199 Constitution of Pakistan – Constitutional jurisdiction for challenge of administrative or quasi-judicial orders Industrial Relations Act (IRA) 2012, Sections 41 & 12 – Employee rights, grievance petitions, and jurisdiction of NIRC Order 1 Rule 10 CPC – Joinder/impleading parties Order 41 Rule 27 CPC – Production of additional evidence Two 2-Word Descriptions: Employee Status Industrial Grievance   ORDER  Petitioner has filed this Constitution Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan 1973, seeking the following relief:- To set aside the orders 23.01.2024 and 31.5.2025 passed by the Hon’ble Full Bench and Single Bench…