Case Details

Citation(s)
2001 SLG 2156 2001 SLD 2156 2001 PLC 217
National Industrial Relations Commission
Appeal No.12(184) of 1999, decision dated: 5-07-2000.
ZIA MAHMOOD MIRZA, CHAIRMAN, MUHAMMAD HUSSAIN CHAUDHRY SENIOR MEMBER AND MUHAMMAD AKBAR, MEMBER

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EMCO INDUSTRIES LIMITED through Deputy GENERAL Manager (P&A)

VS

AMIN MASIH

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss. 22 A(8)(g), (10)(c) & 22 A Termination of service Petition before industrial Relations Commission Reference to Labour Court Appeal Employee in his petition under S. 22 A(8)(g) of Industrial Relations Ordinance, 1969 had alleged that his services had been terminated by the employer by a verbal order which was violative of law Single Member of National Industrial Relations Commission before whom said petition was filed, referred the case to Labour Court for disposal taking view that irregularities and illegalities had been committed in terminating the services of employee Validity Only a case of unfair labour practice on part of employer could be referred to the Labour Court for disposal under S.22 A(10)(c) of Industrial Relations Ordinance, 1969 Petition by employee before National Industrial Relations Commission under S.22 A(8)(g) of Industrial Relations Ordinance, 1969 having not disclosed commission of any unfair labour practice by employer nor Member of the Commission having shown in his order that it was a case of unfair labour practice, case could not have been referred to Labour Court for disposal Single Member of Commission before exercising power under S. 22 A (10)(c) of Industrial Relations Ordinance, 1969 ought to have satisfied himself, at least prima facie, that case which was being referred to Labour Court was one of unfair labour practice Order of Single Member of Commission was set aside in appeal. S. Naeem Bokhari for Appellant AND Javed Iqbal for Respondent. ORDER This appeal under section 22 D of I.R.O. is directed against the order of the learned Single Member, dated 27 9 1999 whereby he referred the respondent's petition pending before him to Labour Court No.3 "for disposal in accordance with law". 2. Facts relevant for the disposal of this appeal, briefly stated, are that the respondent brought a petition under section 22 A(8)(g) of I.R.O. before the Lahore Bench of this Commission to challenge the order of his ,termination, dated 6 1 1999 alleging that his services had been terminated by a verbal order, dated 6 1 1999 which was violative of law. The petition was contested by the…
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