| Citation(s) |
|---|
| 1992 SLG 1065 1992 SLD 1065 1992 PLC 1012 |
Sindh High Court
Constitutional Petition No. D-564 of 1989, decided on 16th April, 1992.
SYED HAIDER ALI PIRZADA AND MUKHTAR AHMED, JUNEJO, JJ
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Constitutional Petition No. D-564 of 1989, decided on 16th April, 1992.
SYED HAIDER ALI PIRZADA AND MUKHTAR AHMED, JUNEJO, JJ
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1992 P L C 1012 INDUS BATTERY EMPLOYEES UNION and 2 others
VS
1992 P L C 1012 INDUS BATTERY EMPLOYEES UNION and 2 others vs
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 22-A, 22-F & 53---Jurisdiction---National Industrial Relations Commission (N.I.R.C.) could entertain cases relating to unfair labour practices directly and could also withdraw cases of same type from other competent forum ---NIRC could also punish for unfair labour practice and could take preventive measures for recurrence of such practice. (b) National Industrial Relations Commission (Procedure and Functions) Regulations, 1973--- ----Regln. No. 32---Regulation No. 32, was intended to prevent apprehended commission of any unfair labour practice and National Industrial Relations Commission (N.I.R.C.) had jurisdiction to deal with cases where unfair labour practice was likely to occur. 1984 PLC 1342 and Lever Brothers (Pakistan) Ltd. v. Senior Member, National Industrial Relations Commission and another PLD 1986 Lah. 90 ref. (c) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---High Court ordinarily would not undertake resolution of disputed questions of fact in exercise of its Constitutional jurisdiction. Mirza Muhammad Kazim for Petitioners. Talmiz S. Burney and A.A. Muhammad Ali, A.A: G. for Respondents. Dates of hearing: 3rd and 4th March, 1992. JUDGMENT SYED HAIDER ALI PIRZADA, J: --The petitioners iii the above petition have prayed for the following reliefs :- "(a) issue writ in the nature of mandamus to respondents Nos. 2 and 4 to fulfil their obligation by submission of report and becoming co-applicant in case No.23/1989 under section 25-A(10) R/W section 46-A of I.R.O., 1969 and to respondent No.4 to proceed under section 46-A(1), (2) and (3) ignoring the void order of N.I.R.C. dated 2-2-1989 on Misc. Application No.24(15)/89-K under Regulation 32(2)(c) NIRC (Procedure and Functions) Regulations, 1973; (b) to issue writ in the nature of mandamus to respondents Nos.5 and 6 to proceed under general law for getting forced signatures on blank papers and vouchers by beating and on the point of fire-arms already reported to them ignoring void order of NIRC dated 2-2-1989; (c) set aside the order of respondent No.l dated 30-4-1989 and quash the…
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