Law: Industrial Relations Act, 2012

Section: 31, 32, 33, 53, 54, 57

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

Section: 3, 4

Law: Civil Procedure Code (V of 1908)

Section: O.VII, R.10

Law: Constitution of Pakistan, 1973

Section: 199

  Industrial Relations Act (X of 2012)--- ----Ss.31, 32, 33, 53, 54 & 57---National Industrial Relations Commission (Procedure and Functions) Regulations, 2016, Reglns.3 & 4---Civil Procedure Code (V of 1908), O.VII, R.10---Constitution of Pakistan, Art.199---Territorial jurisdiction of NIRC---Employment contract---Exclusive jurisdiction clause--Effect---Employment contract containing an exclusive jurisdiction clause conferring jurisdiction on courts at place I ---Enforceability and legal effect--Where the cause of action is asserted to have arisen at place Q and the employee institutes a grievance petition before NIRC at place Q ---Maintainability of grievance petition at place Q ---Scope---Brief facts were that the petitioner company challenged the NIRC Full Bench order whereby its appeal against the Single Member, NIRC was dismissed; the respondent employee was hired as safety officer under an offer letter containing an exclusive jurisdiction clause for Islamabad; after termination notice, respondent employee filed a grievance petition at NIRC Quetta, and the petitioner s application under O. VII, R. 10, C.P.C. for return of plaint was rejected---Question requiring determination in the present matter was as to whether NIRC Quetta had territorial jurisdiction despite the parties having confined themselves to the exclusive jurisdiction of the courts at Islamabad? ---Held: It was clear from perusal of standard-form contract furnished by the petitioner company that there existed clear inequality of bargaining power between the petitioner company and the respondent employee---Respondent employee had no meaningful opportunity to negotiate any of its terms---This lack of real choice underscored the inequality of bargaining power between the parties and assumed significance while examining the enforceability of the contractual stipulations contained therein---National Industrial Relations Commission being a federal statutory body designed the sitting of its members at different placed was to be flexible and facilitative in nature to adequately address the disputes of transprovincial establishments---The seat of member of NIRC at Quetta, therefore, did…