Law:

Section:

(a) Jurisdiction De facto doctrine, principle ofChallenge to actions taken or orders passed or decisions made by de facto Tribunal having at least a colourable title to officeSuch actions were fully saved by de facto doctrine. Re Toronto R. Co. v. City of Toronto 46 DLR 547; Gokaraju Rangaraju v. State of Andhra Pradesh AIR 1981 SC 1473; Abdul Salam Qureshi v. Special Court of Banking PLD 1984 Kar. 462 and Sabir Shah v. Federation of Pakistan PLD 1994 SC 738 rel. A Treatise on the Constitutional Limitations, 8th Edn. ; Vol. 2, pp.13551358; AIR 1937 SC 237; AIR 1977 SC 237 and 1971 PLC 491 ref. (b) Industrial Relations Ordinance (XXIII of 1969) S. 22DConstitution of Pakistan (1973), Art. 199Constitutional petitionCompetenceNational Industrial Relations Commission­JurisdictionCompetency to determine Collective Bargaining Agent­Alternate remedy by way of appeal available to petitionerNonavailing of such remedyEffectMember, National Industrial Relations Commission was competent to determine matter relating to Collective Bargaining Agent­Alternate remedy by way of appeal to the Full Bench of the Commission was available to petitioner but instead of filing appeal, it had filed Constitutional petition against decision of Member, National Industrial Relations CommissionConstitutional petition was not competent in circumstances. 1972 SCMR 257; PLD 1972 SC 279 and PLD 1967 SC 294 ref. M. Asghar Malik for Petitioner. Raja Rab Nawaz, Dy. AttorneyGeneral. Tariq Mehmood and Syed Ayaz Zahoor for Respondent No. 4 Muhammad Ayaz Khan Swati for Respondents Nos. 6 to 8. Date of hearing: 9th October, 1996: JUDGMENT AMIRULMULK MENGAL, J.This Constitutional petition has been filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 with the following prayers: "It is therefore respectfully prayed that it may kindly be declared that the respondent No. 4 has no authority under law to act as Member of the respondentCommission and his appointment as Member of the respondent is coram non judice and without lawful authority. It is further respectfully prayed that it may kindly be declared that the Petition No. 4, (211)/96 filed by the respondent No. 5 Union before…

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