Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--­ ----Ss. 34 & 2(ii), (xxiv)---Application by Collective Bargaining Agent to Labour Court---Maintainability---According to circular issued by employer­ establishment 5 % of vacancies up to Grade-17 were reserved for five categories of employees mentioned in the circular---Petitioner which was Collective Bargaining Agent in employer-establishment had alleged in his application filed before National Industrial Relations Commission under S. 34 of Industrial Relations Ordinance, 1969, that employer-establishment had violated lawful right of petitioner in recruitment /appointment of jobs up to Grade-17 as provided under the said circular ---Circular on basis of which petitioner had filed application under S. 34 of Industrial Relations Ordinance, 1969, neither fell under definition of 'Award' as defined in S. 2(ii) of Industrial Relations Ordinance, 1969, nor a 'settlement' as defined under S. 2(xxiv) of Industrial Relations Ordinance, 1969 nor it was law'---Petitioner being Collective Bargaining Agent could only invoke jurisdiction of National Industrial Relations Commission under S. 34 of Industrial Relations Ordinance, 1969 if it had possession of a right guaranteed or secured to him by or under any ' law°' or any 'award' or 'settlement'---Circular in question neither 'being award nor settlement arrived at in course of conciliation proceedings nor an agreement duly and legally arrived at between employer and employees, which were necessary elements to -invoke jurisdiction of National Industrial Relations Commission under S. 34 of Industrial Relations Ordinance, 1969, petition filed by Collective Bargaining Agent, was not maintainable. Karachi Pipe Mills v. Sindh Labour Appellate Tribunal PLD 1984 Kar. 503 and 1992 SCMR 143 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 34, 22-B(3)(a), 15 & 16---Powers of National Industrial Relations Commission--- National Industrial Relations Commission could exercise of powers of a Labour Court under provisions of S. 22-B(3)(a) of Industrial Relations Ordinance, 1969 while entertaining a petition under provisions of S.34 of Industrial Relations…

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