Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.34, 38-A & 38-G--Constitution of Pakistan (1973), Art.199-­Promotion of Bank employees--Rates of wages, terms and conditions of service of employees of Banks--Determination of--Federal Government constituting First Wage Commission in 1974 and requiring it to make recommendation with regard to promotion of employees--First Wage Commission making decision that promotion should be made on basis of experience, length of service and overall performance of an employee--Federal Government Nationalizing Commercial Banks and financial institutions, taking a policy decision according to which selection of clerical staff for promotion to lower rank officers was to be made on the basis of written test by a Selection Committee--Such policy decision conveyed to Chairman, Banking Council and given effect to by petitioner-Bank's action was clearly in violation of decision of First Wage Commission which was binding on the employer--Policy decision of Federal Government challenged by Collective Bargaining Agent of petitioner--Bank's decision challenged under S.34 of Ordinance as being against the terms and conditions of service granted under Award of Wage Commission, and declared invalid by National Industrial Relations Commission--National Industrial Relations Commissions, held, hard jurisdiction to entertain and adjudicate upon the matter brought before it and there was no illegality or jurisdictional error in impugned to warrant interference by High Court. Asif Ali v. Vice-Chairman Pakistan Railways Lahore and others 1980 S C M R 11 held not applicable. (b) Constitution of Pakistan (1973)- ---Art .199--Industrial Relations Ordinance (XXIII of 1969), Ss.34 & 38-G--Collective Bargaining Agent of petitioner-Bank challenging policy decision of Government under S.34 of Ordinance before National Industrial Relations Commission as being in violation of award of Wage Commission with regard to method of promotion of employees-­ Contention of employer's counsel that the question of promotion of employees was an individual grievance and Employees' Union had no legal authority to file a petition under S.34 of Ordinance…

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