Law:

Section:

`(a) Service Tribunals Act (LXX of 1973)---------Ss.2-A & 4---Constitution of Pakistan (1973), Art. 199--­Constitutional petition---Civil servant, determination of---Jurisdiction of National Industrial Relations Commission---Respondents who were employees of petitioner company, which was a Public Limited Company, controlled by Federal Government, were found guilty of certain acts prejudicial to and subversive of discipline---Petitioner company served respondents with charge-sheet and appointed a Committee and respondents were served with Inquiry Notice---Respondents, challenged issuance of said notice in petition filed by them under section 49(4)(e) of Industrial Relations Ordinance, 2000 with National Industrial Relations Commission (Procedure & Function) Regulation, 1973 before National Industrial Relations Commission, which assumed jurisdiction in the matter and required petitioner Company to file comments on said petition and also passed ex-parte order directing petitioner company not to pass final order on charge-sheet issued to respondents---Petitioner Company had challenged the order of National Industrial Relations Commission in Constitutional petition on ground that by virtue of S.2-A of Service Tribunals Act, 1973, respondents being `civil servants', Commission had no jurisdiction in the matter and they could file appeal before Service Tribunal under S.4 of Service Tribunals Act, 1973---Petitioner Company had urged that assumption of jurisdiction by National Industrial Relations Commission in the matter was corum-non-judice and only forum was Service Tribunal in respect of a grievance touching terms and conditions of , service---Respondents being employees of company controlled by Federal Government, admittedly were `civil servants' and could not invoke jurisdiction of National Industrial Relations Commission by alleging unfair labour practice on part of petitioner/ employer ---None of allegations of charge-sheet issued to respondents by petitioner attracted `unfair labour practice'---Mere `charge ­sheeting' or issuing show-cause notice and initiation of proceedings under disciplinary rules against a civil servant, would not furnish him a…

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