| Citation(s) |
|---|
| 1997 SLG 663 1997 SLD 663 1997 PLC 206 |
Lahore High Court
Writ Petition No. 6434 of 1996, heard on 21st May, 1996.
. MUNIR A. SHEIKH, J
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Writ Petition No. 6434 of 1996, heard on 21st May, 1996.
. MUNIR A. SHEIKH, J
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MUHAMMAD IQBAL
VS
THE FULL BENCH OF N.I.R.C. OF PAKISTAN LAHORE and another
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)S. 22DConstitution of Pakistan (1973), Art. 199Constitutional petitionPrinciples of natural justiceViolation ofAppeal decided without valid notice to petitionerValidityPetition filed by employee for interim order, having been accepted by Chairman of National Industrial Relations Commission (as Single Member) employer filed appeal against order of Single Member before Full Bench of National Industrial Relations Commission wherein interim order was passed by Full Bench pending appeal before itEmployee appeared before Full Bench prior to passing of interim order against him and filed application in which he informed about change of his address as was given by employer in the title of appeal and requested that in further proceedings his new address should be taken into considerationLater on when Full Bench was constituted for hearing appeal against employee, notice of appearance of employee was issued not on new address, but on the old addressAs notice of appearance was sent on wrong address, same could not be served on employee and employee who was not served failed to appear on date fixed for hearing appealAppeal was heard ex parte and was accepted by Full Bench of National Industrial Relations CommissionOrder passed by Full Bench was .not sustainable as employee was condemned unheard because he was not served in appeal on account of fault of employer who did not make any correction in title of his appeal as regards address of employee about which employee had duly informed him earlierOrder passed by Full Bench of National Industrial Relations Commission thus was set aside by High Court as it was not only against express provision of law, but also was against principles of natural justice. Mahmood Ahmad Alwari for Petitioner. Nemo for Respondent No. 1. S. Naeem Bokhari for Respondent No. 2. Date of hearing: 21st May, 1996 JUDGMENT In this Constitutional petition legality of order dated 841996 passed by the Full Bench of the N.I.R.C. through which the appeal filed by respondent No.2 against order dated 2651994 passed by the Chairman, N.I.R.C. as Single Bench was accepted and the said order set aside, has been…
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