Case Details

Citation(s)
2000 SLG 1669 2000 SLD 1669 2000 PLC 554
Lahore High Court
Writ Petition No.6934 of 2000, heard on 2-06-2000
SYED ZAHID HUSSAIN, J

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Messrs SUI NORTHERN GAS PIPELINES LIMITED through General Manager (Personnel)

VS

THE MEMBER, NATIONAL INDUSTRIAL RELATIONS COMMISSION, LAHORE and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) S. 22A(8)(g) Service Tribunals Act (LXX of 1973), S. 2 A Constitution of Pakistan (1973), Arts. 199 & 212 Constitutional petition Termination of service Jurisdiction of National Industrial Relations Commission Services of employee having been terminated, he filed petition before National Industrial Relations Commission under S.22A (8)(g) of Industrial Relations Ordinance, 1969 Maintainability Employer company being a public limited company wherein Government had controlling shares and administration, S.2 A of Service Tribunals Act, 1973 was applicable to the matter Jurisdiction of all other Courts and Authorities including National Industrial Relations Commission, would stand excluded in view of bar contained in Art.212 of Constitution of Pakistan (1973) and it was exclusive jurisdiction of Service Tribunal that would extend in the matter Assumption of jurisdiction by National Industrial Relations Commission in the matter being unwarranted by law, order passed by the Commission was declared to be illegal by High Court in exercise of its Constitutional jurisdiction. Syed Aftab Ahmad and others v. K.E.S.C. and others 1999 SCMR 197; Divisional Engineer, Phones v. Muhammad Shahid and others 1999 SCMR 1526; Zahirullah and 13 others v. Chairman, WAPDA, Lahore and others 2000 SCMR 826; Abdul Haq v, G.M. SNGP Ltd., Lahore and another 2000 SCMR 925; Gulzeb Hussain v. Sui Northern Gas Pipelines Limited and 2 others 2000 SCMR 959 and Sindh Employees' Social Security Institution v. Dr. Mumtaz Ali Taj and another PLD 1975 SC 450 ref. JUDGMENT Respondent No.2 who is an employee of Sui Northern Gas Pipelines Limited, the petitioner herein, his services were terminated on 6 3 2000. He challenged the termination order before the National Industrial Relations Commission by filing a petition under section 22A(8)(g) of the Industrial Relations Ordinance, 1969, whereupon a learned Member of the Commission ordered that "the order, dated 6 3 2000 is held in abeyance till the next date of hearing". The petitioner has challenged the competency of the proceedings before respondent No. 1 as also the assumption of jurisdiction and passing…
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