Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) S. 22A(8)(g) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15(3)(a) Service Tribunals Act (LXX of 1973), S.2A Constitution of Pakistan (1973), Art. 199 Constitutional petition Proceedings on ground of misconduct Application before National Industrial Relations Commission Maintainability Applicant who was proceeded against on certain acts of misconduct, had filed application before National Industrial Relations Commission against. his grievance and the Commission issued stay order in favour of the applicant Operation of S.2A, Service Tribunals Act, 1973 was retrospective in nature and being a law relating to procedure as such proceedings pending before any other forum other than Federal Service Tribunal in respect of departmental order made before insertion of S.2A could no longer continue and only remedy was to approach Service Tribunal Applicant, though was a worker, but after insertion of S.2A in Service Tribunals Act, 1973, the remedy, if any, therefore, lay before Service Tribunal and not before National Industrial Relations Commission Order passed by the Commission was set aside, in circumstances. Syed Aftab Ahmed and others v. K.E.S.C. and others 1999 SCMR 197 and Gulzar Hussain v. Sui Northern Gas Pipelines Ltd 2000 SCMR 959 ref. Mahtnood Abdul Ghani for Appellant. S. Zaki Muhammad; Dy. A. G. for Respondent No.2 (repeatedly called absent). Date of hearing: 4th May, 2001. ORDER ZAHID KURBAN ALVI, J. The petitioner has assailed the order dated 5 4 1999 passed by Member, N.I.R.C. whereby on application under section 22A(8)(g) read with section 15 of the I.R.O. filed by respondent No.2 passed the following order; "Meanwhile the respondents and persons connected them are restrained from taking any adverse action against the applicant or cause him harm in respect of his employment in any manner by way of unfair labour practices till the next date. " Briefly the facts of this case are that the petitioner is a public utility organization in which the Federal Government has 70.43 controlling shares and management. It is the case of the petitioner that respondent…

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