Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 22A(8)(g),22D,22E,25A

(a) Industrial Relations ordinance (XXIII of 1969) Ss. 22 A (8) (g), 22 D, 22 E & 25 A Termination of service Grievance petition Competency Employee approached National Industrial Relations Commission through petition under S. 22 A (8)(g) of Industrial Relations Ordinance, 1969 which was dismissed after proper inquiry -Employee on dismissal of the petition by Commission filed grievance petition before Labour Court under S. 25 A of Industrial Relations Ordinance, 1969 which was dismissed by Labour Court on ground that it was hit by principle of res judicata as similar petition was already dismissed by National Industrial Relations Commission Validity After dismissal of petition by National Industrial Relations Commission, employee could file appeal against said dismissal under S. 22 D of Industrial Relations Ordinance, 1969, but employee instead of availing said right of appeal approached Labour Court for same relief which had already been denied to him by National Industrial Relations Commission Order of National Industrial Relations Commission having attained finality under S. 22 E, Industrial Relations Ordinance, 1969, said order could not be called in question in any manner before any Court or Authority Grievance petition, subsequently, filed by employee, was not competent in circumstances. (b) Industrial Relations Ordinance (XXIII of 1969) Ss. 22 B(3)(a) & 25 A Powers and functions of Labour Court and National Industrial Relations Commission Principle of res judicata Applicability Benches of National Industrial Relations Commission are empowered under S. 22 B (3) (a) of Industrial Relations Ordinance, 1969 to perform and exercise such functions as are performed and exercised by a Labour Court in relation to cases of unfair practice for enforcement of any right or redress of individual grievance in respect of any right guaranteed or secured by any employer or worker by or under any law or any award or settlement Such powers of National Industrial Relations Commission and Labour Court being concurrent, dispute decided by one forum, cannot be reagitated before other and any such re agitation would be hit by principles of res judieata. (c) Industrial…

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