Case Details

Citation(s)
1984 SLG 1989 1984 SLD 1989 1984 PLC 1672
National Industrial Relations Commission
Case No. 4 (78) of 1982, decided on 31st December, 1983.
DR. IBRAHIM MAHMUD, CHAIRMAN

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KARACHI PIPE MILLS

VS

GHULAM AKBAR AND OTHERS

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- -- S. 22-A (1) and (2) read with Ministry of Labour and Works Notification No. SRO-1139 (1)/72, dated 6th November, 1972­Constitation and composition of National Industrial Relations Commission-Word "Member" in S. 22-A (2) includes part-time as well as ex-officio Members-Omission by Federal Government to fill up vacancy of part-time Member, held, cannot invalidate cons­titution of N.I.R.C. otherwise consisting of more than seven Mem­bers in terms of Notification, dated 6th November, 1972 issued under S.22-A (1)-Objection as to defective constitution of N.1.R.C.­Application under S. 249-A of Criminal Procedure Code, 1898 raising objection to jurisdiction of N.I.R.C on grounds of its defec­tive constitution and praying that all proceedings pending before Commission be stayed as orders passed therein would be coram non judice and nullity in eyes of law-Proceedings of N.I.R.C., held, not affected by any defect even if existed in its constitution ­Existence of a vacancy, held, will not render constitution of NIRC defective because of its having already more than required mini­mum of seven Members vide Notification, dated 6th November, 1972-Objection, in circumstances, held, devoid of substance and application dismissed - Criminal Procedure Code (V of 1898), S. 349-A]. Muhammad Siddique v. Ch. Fazal Din and 3 others P L D 1982 Lab. 262 and M.U.A. Khan v. Rana M. Sultan P L D 1974 S C 228 rel. S. M. Yaqub for the Complainant. M. L. Shahani for Respondents/ Accused. 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 coram non judice and nullity in the eyes of law. 2. After hearing Mr. S. M. Yaqub, Advocate for the complainant and…
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