Law: Constitution of Pakistan, 1973

Section: 199

Law: Industrial Relations Act, 2012

Section: 33(1),58

Law: Sindh Terms Of Employment (Standing Orders) Act, 2015

Section: 21(1)(3)

  Summary M/s Searle Pakistan Limited filed a constitutional petition under Article 199 challenging the Full Bench of the National Industrial Relations Commission (NIRC) order, which had reinstated four dismissed employees with back benefits after finding the departmental inquiry defective and contrary to the Industrial Relations Act, 2012 and principles of natural justice. The petitioner argued that the inquiry was lawful and that the Full Bench had erred in its findings. During the hearing, both parties agreed to resolve the matter through a fresh (de novo) inquiry by a neutral Inquiry Officer. The Court accepted the proposal, set aside the orders of both the Single Bench and Full Bench of NIRC, remanded the matter for a de novo inquiry to be completed within one month, and directed the competent authority to pass a reasoned order after hearing all parties. The issue of back benefits was made subject to the outcome of the fresh inquiry. Sections / Articles Used Article 199, Constitution of the Islamic Republic of Pakistan, 1973 Section 33(1), Industrial Relations Act, 2012 Section 58, Industrial Relations Act, 2012 Section 21(1), Sindh Terms of Employment (Standing Orders) Act, 2015 Section 21(3), Sindh Terms of Employment (Standing Orders) Act, 2015 2 Two-Word Descriptions Employment Dismissal Fresh Inquiry ORDER The petitioner M/s Searle Pakistan Limited has filed this Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer: - Set aside the order dated 05.12.2023 passed by the Full Bench of NIRC. Dismiss the grievance application filed by the respondent Nos. 1 to 4 u/s 33 of the IRA, 2012.   The petitioner has filed the present Constitutional Petition challenging the order dated 05.12.2023 passed by the Full Bench of NIRC, whereby the appeal of Respondents No. 1 to 4, including Nazim Ahmed Khan and others was allowed. As per the private respondents, they were permanent employees since the 1990s and office bearers of the CBA union, having an unblemished record. They alleged that due to their union activities, the management became hostile and initiated victimization,…