Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--------Ss.15, 16 & 22-A---Unfair labour practice---National Industrial Relations Commission---Jurisdiction--Cases which the Benches of National Industrial Relations Commission are empowered to hear must have element of unfair labour practice in them---Commission does not encompass cases where no allegations of unfair labour practices are made---Instances of unfair labour practices on the part of the employer as well as workmen have been mentioned in Ss. 15 & 16 of Industrial Relations Ordinance, 1969. (b) Industrial Relations Ordinance (XXIII of 1969)---- ----Ss. 22- A(9)(b) & 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.II-A--­Constitution of Pakistan (1973), Art. 199----Constitutional petition--­Grievance petition---Unfair labour practice---- transfer of case by Single Bench of National Industrial Relations Commission---Permission to close establishment was sought by the employer and without waiting for the permission, services of employees were terminated----Grievance notice was served by the employees and then petitions under S.25-A of the Industrial Relations Ordinance, 1969, were filed before Labour Court---During the pendency of proceedings under S.O.11-A of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968, the employer filed transfer application before the Single Bench of National Industrial Relations Commission---Commission withdrew the cases from the Labour Court, allowed the employer to close down the establishment and dismissed the grievance petitions of the employees ex pane---Full Bench of the National Industrial Relations Commission allowed the appeal filed by the employees and the order of withdrawal passed by the Single Bench of National Industrial Relations Commission was set aside---Contention of the employer was that the National Industrial Relations Commission was not competent to decide the matter as there was no question of unfair labour practice---Validity---Nowhere in the petition it was alleged that any question of unfair labour practice was involved when the application of the…

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