Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)------Ss. 22-A(8)(g) & 37(3)---Constitution of Pakistan (1973), Art. 199--­Constitutional petition---Bank employee---Dismissal from service for misconduct---Employee's grievance application having been dismissed by Labour Court, his appeal before Labour Appellate Tribunal was still pending when he approached National Industrial Relations Commission for his grievance whereby as per interim relief he was reinstated ---Validity--­Impugned order would clearly show that same was passed in slipshod and perfunctory manner without recording any justifiable reason for the same--­Mechanical fashion in which impugned order was passed without any justifiable grounds could not be treated to be judicious exercise of power--­Such practice of summary disposal of matters with perfunctory order was not warranted by law---National Industrial Relations Commission failed to see that parallel proceedings under Industrial Relations Ordinance were pending before another Court/Tribunal of competent jurisdiction at the instance of employee wherein no such relief was granted to him---Effect of conviction and sentence of employee on charges of criminal offences had not been taken into consideration by Industrial Relations Commission while reinstating him---Final relief of re-instatement should not ordinarily be granted through interim orders without there being very strong and exceptional reasons--­Impugned order was, thus, patently illegal manifesting defect of jurisdiction---Said order of National Industrial Relations Commission was declared to be without lawful authority and of no legal effect---Case was remanded to National Industrial Relations Commission for disposal in accordance with law within specified period. Mollah Ejahar Ali v. Government of East Pakistan and others PLD 1970 SC 173; The Delhi Cloth and General Mills Co. Ltd. v. Shri Rameshwar Dayal and another AIR 1961 SC 689 and Federation of Pakistan through Secretary, Finance, Islamabad v. Abdur Rehman and others 1995 SCMR 6 rel. Allied Bank of Pakistan Ltd. and 3 others v. Chairman, N.I.R.C. and 4 others 1984 PLC 1342 ref. Ch. Altaf Hussain for Petitioner. Shabbir Ahmad…

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