| Citation(s) |
|---|
| 2026 SLG 2471 2026 SLD 2471 |
Islamabad High Court
Writ Petition No.535 of 2022
Presented By: ARBAB MUHAMMAD TAHIR
Petitioners by : Syed Naeem Bukhari and Mr. Muhammad Imad Khan, Advocates for the petitioners in W.P. Nos. 535 of 2022 and 536 of 2022 as well as for respondent No.5 in W.Ps. Nos. 1892 of 2022 and 1853 of 2022.
Respondents by : Hafiz Arfat Ahmed Ch., Ms. Kashifa Niaz Awan, Mr. Tariq Zaman Ch., Advocates for respondent No.3 in W.P. No.535 of 2022 as well as for respondent No.4 in W.P. No.536 of 2022. Mr. Abdul Hafeez Amjad, Advocate for the petitioners in W.Ps Nos.1892 of 2022 and 1853 of 2022 as well as for respondents No.4 in W.P. No.535 of 2022 as well as for respondent No.5 in W.P. No.536 of 2022. Mr. Nasir Aman Sandhu, representative for the petitioners in W.Ps. No.1853 of 2022 and 1892 of 2022. Date of Hearing : 10.08.2022
Writ Petition No.535 of 2022
Presented By: ARBAB MUHAMMAD TAHIR
Petitioners by : Syed Naeem Bukhari and Mr. Muhammad Imad Khan, Advocates for the petitioners in W.P. Nos. 535 of 2022 and 536 of 2022 as well as for respondent No.5 in W.Ps. Nos. 1892 of 2022 and 1853 of 2022.
Respondents by : Hafiz Arfat Ahmed Ch., Ms. Kashifa Niaz Awan, Mr. Tariq Zaman Ch., Advocates for respondent No.3 in W.P. No.535 of 2022 as well as for respondent No.4 in W.P. No.536 of 2022. Mr. Abdul Hafeez Amjad, Advocate for the petitioners in W.Ps Nos.1892 of 2022 and 1853 of 2022 as well as for respondents No.4 in W.P. No.535 of 2022 as well as for respondent No.5 in W.P. No.536 of 2022. Mr. Nasir Aman Sandhu, representative for the petitioners in W.Ps. No.1853 of 2022 and 1892 of 2022. Date of Hearing : 10.08.2022
Pakistan Services Limited
VERSUS
Full Bench, Nationa Industrial Relations Commission and 03 others
Law: Constitution of Pakistan, 1973
Section: 199
JUDGMENT SHEET ARBAB MUHAMMAD TAHIR, J.:- By reason of this common judgment, I shall propose to dispose of the captioned writ petition as well as writ petitions Nos. 536 of 2022, 1892 of 2022 and 1853 of 2022 since the question of law involved in all these petitions is almost identical, and since all these petitions entail certain common features and so also between the same parties. By means of writ petition No.535 of 2022 under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter referred to as the “Constitution”), the petitioner, Pakistan Services Limited (“hereinafter referred to as the “petitioner-company”) has called in question the validity and legality of the order dated 02.02.2022, passed by the learned Full Bench of the National Industrial Relations Commission (hereinafter referred to as the “Commission”) dismissing the petitioner-company’s appeal under Section 58 of the Industrial Relations Act, 2012 (hereinafter referred to as “the Act”) against the order dated 25.04.2018 passed by the learned Single Member of the Commission. Through the said order dated 25.04.2018, the learned Single Member of the Commission dismissed the petitioner-company’s petition filed under Section 60 read with Sections 9, 11 and 57 of the Act. W.P. No.536 of 2022. Whereas, through writ petition No. 536 of 2022 under Article 199 of the Constitution, the petitioner-company seeks the annulment of the order dated 02.02.2022, passed by the learned Full Bench of the Commission dismissing its appeal under Section 58 of the Act against (i) the order dated 15.07.2021 passed by the learned Single Member of the Commission, thereby appointing an Authorized Officer to conduct the referendum proceedings, and (ii) the order dated 30.07.2021, whereby the Authorized Officer dismissed the petitioner-company’s application for deferment of the referendum proceedings in the establishment of Pearl Continental…