Law: Constitution of Pakistan, 1973

Section: 199

Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 22D

Industrial Relations Ordinance (XXIII of 1969) S. 22 D Constitution of Pakistan (1973), Art .199 Constitutional petition Maintainability Available alternate remedy not resorted to Effect Constitutional petition against order passed by National Industrial Relations Commission before availing remedy of appeal as provided under S.22 A of Industrial Relations Ordinance, 1969 Contention of petitioner was that since Full Bench oil National Industrial Relations Commission had expressed some opinion in another case, petitioner in good faith had opted to challenge order directly in Constitutional petition instead of exhausting remedy of appeal against said order Validity Mere fact that Full Bench of National Industrial Relations Commission had decided certain other cases on the subject and had expressed opinion, would not mean that petitioner could file Constitutional petition directly instead of availing alternative remedy of appeal Appellate jurisdiction would include jurisdiction to determine the issue afresh by taking into consideration legal and factual controversy If petitioner would feel that his case was distinguishable or that earlier view was not correct, he could address his argument to persuade the National Industrial Relations Commission for a different view, in accordance with law Constitutional petition could not be entertained in presence of available alternative remedy of appeal. JUDGMENT In the course of hearing of this petition, it was observed that the order passed by N.I.R.C. was not challenged in appeal, though the appeal was maintainable under the provisions of section 22 D of Industrial Relations Ordinance, 1969. 2. Learned counsel for the petitioner did not deny that no appeal was filed, though the remedy of appeal was available against order of which the petitioner was aggrieved. Learned counsel explained that since the Full Bench of N.I.R.C. had expressed some opinion in other case, therefore, petitioner, in good faith, opted to challenge the order directly in the Constitutional petition instead of exhausting the remedy of appeal against the said order. 3. Mere fact that Full Bench of N.I.R.C. had decided certain…

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