Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)---- -- S. 2(xxviii) - Provisional Constitution Order (1 of 1981), Art. 9--Employer not raising any plea before National Industrial Relations Commission to the effect that employees were not workers or workmen within ambit of S. 2(xxviii), Industrial Relations Ordi­nance, 1969-Question whether an employee falls within definition of worker or workman is a question of fact which could not be decided without having evidence on record inter alia on the nature of duties-Such question of- fact being within competence of National Industrial Relations Commission, High Court declined to entertain in Constitutional jurisdiction. (b) Industrial Relations Ordinance (XXIII of 1969)- -- S. 53-.Provisional Constitution Order (1 of 1981), Art. 9­Questions whether employees' complaint against employer disclos­ed a case of an unfair labour practice was within jurisdiction of National Industrial Relations Commission to decide-High Court could not exercise its constitutional jurisdiction and pre-empt decision of National Industrial Relations Commission on said question. (c) Industrial Relations Ordinance (XXIII of 1969)- -- S. 53 read with S. 15-Complaint under S. 53 read with S. 15, held, was competent even against an officer of employer. (d) Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 22-A(8)(g), 22-F, 15, 16, 25-A & 34-National Industrial Re­lations Commission (Procedure and Functions) Rules, 1973, Regn. 32-Unfair labour practice specified in Ss. 15 & 16 of Industrial Relations Ordinance, 1969 and powers of National Industrial Relations Commission in this behalf analysed. (e) Industrial Relations Ordinance (XXIII of 1969)- -- S. 22-A(8)(g)-National Industrial Relations Commission (Pro­cedure and Functions) Rules, 1973, Regn. 32-National Industrial Relations Commission, held, was empowered under Regn. 32, clause (2) to prohibit doing of an act/omission which constituted an unfair labour practice-Commission not vested with such power in respect of an unfair labour practice already committed and covered by Regn. 32, cl. (1). (f ) Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 22-A(8)(g) & 53-National Industrial…

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