Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- --S. 22-A (2) & (3) read with General Clauses Act (X of 1897), S. 15-Composition of National Industrial Relations Commission­ Word 'member''-Does not mean only full-time Member­ Includes Part-time/ex officio Member-Powers of Federal Government to determine qualifications for appointment as Member implies discretion of Federal Government to determine whether a Member shall be whole-time, part-time or ex officio. Muhammad Siddique v. Ch. Fazal Dirt and three others P L D 1982 Lab. 262 rel. (b) Industrial Relations Ordinance (XXIII of 1969)--- --S. 22-A (5)-Membership of National Industrial Relations Com­mission-Appointment made without framing rules prescribing qualifications-Not invalid. M. U. A. Khan v. Rana M. Sultan P L D 1974 S C 228 rel. (c) Industrial Relations Ordinance (XXIII of 1969)--- --S. 22-B (4)-Composition of National Industrial Relations Com­mission-One part-time Member required to be nominated by Ministry of Industries-Failure in such nomination- Neither renders constitution .of Commission already having more than minimum of seven members as defective nor its proceedings affected by any defect. S. M. Yaqub for Complainant. M. L. Shahani for Respondents. Date of hearing: 31st December, 1983. ORDER In the above-titled case the respondents Messrs Ghulam Akbar and others submitted an application under section 249-A of the Cr. P. C. before me on 23rd October, 1982 raising the objections to the jurisdiction of the National Industrial Relations Commission to entertain and proceed with the said case on the ground that the Commission is not properly constituted in accordance with section 22-A of the Industrial Relations Ordinance, 1969 and praying that all proceedings pending before the Commission be stayed as orders passed therein were corarn non judice and nullity in the eyes of law. 2. After hearing Mr. S. M. Yaqub, Advocate for the complainant and Mr. M. L. Shahani, Advocate for the respondents/accused I passed a short order, dated 12th April, 1983, dismissing the said petition as being without substance, for reasons to be recorded by me later on in detailed order, after I have had the…

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