| Citation(s) |
|---|
| 2026 SLD 3468 |
Writ Petition No.706 of 2022
Presented By: (ARBAB MUHAMMAD TAHIR) JUDGE
Petitioner by : Hafiz Arfat Ahmed Ch., Ms. Kashifa Niaz Awan, Mr. Tariq Zaman Ch., Advocates for the petitioner.
Respondents by : Syed Naeem Bukhari and Mr. Muhammad Imad Khan, Advocates for respondent No.5 Date of Hearing : 10.08.2022
Pearl Continental Hotels National Labour
VERSUS
National Industrial Relations Commission through its Chairman and 4 others
Law: Constitution of Pakistan 1973
Section: 199
Law: Industrial Relations Act, 2012
Section: 31, 32, 53, 54, 56(2), 57, 58
Summary
The petitioner, Pearl Continental Hotels Labour Union, filed a constitutional petition under Article 199 of the Constitution seeking to set aside the Authorized Officer's order dated 22.02.2022, whereby the referendum proceedings for determination of the Collective Bargaining Agent (CBA) at Pearl Continental Hotels were stopped. The petitioner argued that the referendum had already been delayed for several years and that no court had specifically stayed the referendum proceedings.
The management (Pakistan Services Limited) raised a preliminary objection that the writ petition was not maintainable because the Industrial Relations Act, 2012 provided a complete statutory remedy of appeal before the Full Bench of the National Industrial Relations Commission (NIRC) under Section 58.
The Islamabad High Court upheld the objection and held that the Authorized Officer was exercising powers delegated by a Member of the Commission. Consequently, the Authorized Officer's order was deemed to be an order of a Bench of the Commission and was therefore appealable before the Full Bench under Section 58 of the Industrial Relations Act, 2012.