Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- -- S. (1) [as amended by Amending Ordinance (XV of 1978)] read with Constitution of Pakistan (1973), Art. 199 and Pakistan Television Corporation Limited Employees' Service Rules-Writ petition-Maintainability of-Petition not premature on date of filing before Court -Taking away remedy available to petitioners under Industrial Relations Ordinance by Ordinance XV of 1978 and enforceability of Service Rules from back date-Held, would not render such petitions as premature. (b) Pakistan Essential Services (Maintenance) Act (LII of 1952)-- ---S. 6 read with Essential Services (Maintenance) Rules, 1962, r. 3(1), National Industrial Relations Commission (Procedure and Functions) Regulation, 1973, S. 2(1) (b) and Pakistan Television Corporation Limited Employees' Service Rules, 1978-Powers delegated by Federal Government to Chairman, N. I. R. C. under r. 3(1) of Rules, 1962 read with S. 6 of Act of 1952 to regulate wages and conditions of service-Held, could not be further delegated by Chairman to a Member of Commission-Such delegation of delegated powers-Held, hit by maxims : Delegatus non potest delegare and expressia unius est exclusio alterius-Pakistan Television Corporation Limited Employees' Service Rules adopted and approved by Member (not Senior Member) of N. I. R. C.-Held, without lawful authority and of no legal effect. S. A. de Smith on Judicial Review of Administrative Action, pp. 179-180 ref. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- -- S. O. 15(4) (5) and Pakistan Television Corporation Limited Employees' Service Rules, 1978-Employees' Service Rules adopted and approved by Member, National Industrial Relations Commission declared to be without lawful authority-Terms and conditions of service of employees of Television Corporation, in circumstances, covered by provisions of Ordinance-Charge-sheets issued against such employees after one month of alleged misconduct and suspension for about three years-Held, patently illegal and arbitrary. (d) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ---S. 2(i) and…

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