Case Details

Citation(s)
1987 SLG 1007 1987 SLD 1007 1987 PLC 129
Lahore High Court
Writ Petition No. 4723 of 1985, decided on 30th April, 1986.
MANZOOR HUSSAIN SIAL, J

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GENERAL MANAGER (ADMINISTRATION), PUNJAB INDUSTRIAL DEVELOPMENT BOARD, LAHORE and another

VS

NATIONAL INDUSTRIAL RELATIONS COMMISSION and another

Law:

Section:

(a) National Industrial Relations Commission (Procedure and Functions) Regulations, 1973-- ---Regln. 32(2)--Prohibitory orders, jurisdiction of--National Industrial Relations Commission, held, would have jurisdiction to pass prohibitory order, where a case -unfair labour practice was likely to occur. Lever Brothers Pakistan Ltd. v. Muhammad Suleman and others 1984 P L C 115; Messrs National Cement Industries Ltd. v. National Industrial Relations Commission, Islamabad and another 1986 P L C 105 and Lever Brothers (Pakistan) Ltd. v. Senior Member, National Industrial Relations Commission and another P L D 1986 Lah. 90 ref. (b) Constitution of Pakistan (1973)-- ---Art. 199--National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln. 32(2)--Constitutional jurisdiction, exercise of--High Court, in constitutional jurisdiction, held, would not interfere with interim orders of Tribunals/ Courts except in cases where Courts or Tribunals had no jurisdiction at all--Transfer of employees whether amounted to unfair labour practice was question within domain of Tribunal--High Court declined to embark upon such enquiry. M.A. Ghani for Petitioners. Muhammad Ismail Chaudhry for Respondents. Date of hearing: 22nd April, 1986. JUDGMENT This writ petition is directed against orders, dated 4-7-1985 and 24-10-1985 of the National Industrial Relations Commission, Islamabad (hereinafter referred to as 'N. I. R. C.') whereby the latter suspended the operation of orders,--dated 18-6-1985 and 22-6-1985 of the Punjab Industrial Development Board (hereinafter referred to as 'P.I.D.B.') issuing transfer and relieving orders of the bearers of the P.I.D.B. Employees Union. 2. Pursuant to reorganization and reduction in workload, the P. I. D. B. decided to abolish certain posts of surplus staff. Consequently some of the P.I.D.B. employees were transferred on 18-6-1985 from Head Office to different projects situated out of Lahore and relieved from their duties on 22-6-1985. The P.I.D.B. Employees' Union, in its capacity as Collective Bargaining Agent (C. B. A.) on 27-6-1985 challenged the aforesaid orders by means of an application under section 34 read with…
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