Case Details

Citation(s)
2026 SLD 3135
Islamabad High Court
W.P. No. 672 of 2022  
Presented By: ARBAB MUHAMMAD TAHIR
         Date of Hearing                  :         20.06.2022.                                                  Petitioner by                       :    Mr. MastanWali Khan,  Advocate                                                                                                 
Respondents by                  :        Syed Nazar Hussain Shah, AAG Ch. Kamil Hayat, Advocate Dr. Agha Ghulam Haider DD(L) M/O Federal Education & Professional Training.   _________________________________________________________________

Kush Ahmed Jan  

VERSUS

  Full Bench NIRC & 2 others.  

Law: Industrial Relations Act, 2012

Section: 33

JUDGMENT SHEET                                      ARBAB MUHAMMAD TAHIR, J.Through the instant writ petition, the petitioner impugns orders darted 29.11.2021 and 21.01.2022 passed by the learned Member and Full Bench of the                                  National      Industrial      Relations      Commission                  Islamabad- NIRCrespectively, whereby his application under Section 33 of the Industrial Relations Act, 2012 (Act of 2012) bearing case No.4B(208)/2021 and CMA No.7B(168)/2021 was dismissed while appeal also met the same fate at preliminary stage.     Facts relevant for the disposal of the instant writ petition are that the petitioner had been an employee of the National Book Foundation, Islamabad (respondent No.3) in the capacity of “Sales Representative” on contract basis. The last extension of his contract was made on 21.01.2020 vide Office Order No.53-HAA-875 for a period of 89 days that stood expired on 30.03.2020.    According to the petitioner, at the relevant time the corona virus pandemic had been in full swing due to which the various government as well as semi-government offices were closed across the country and that after return to normal routine, in the month of July 2020 he submitted a Departmental Appeal for renewal of his contract but the same remained un-responded which constrained him to file Writ Petition No.3341 of 2020 but the same was dismissed vide order dated 25.02.2021 being not maintainable  due to non-statutory rules of the respondentdepartment. He then preferred an ICA, that too met the same fate vide order dated 04.11.2021. The petitioner then approached the Member NIRC with a grievance petition, referred above, but the same was dismissed being time barred while his appeal before the…
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