Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---Ss.15 & 22(8)(g)---Constitution of Pakistan (1973), Arts. 185(3) & 199---Unfair labour practice-- -National Industrial Relations Commission, jurisdiction of---Jurisdiction of High Court under Art. 199 of the Constitution---Filing of Constitutional petition during the pendency of appeal before National Industrial Relations Commission---Employee was terminated from service on the charges of fraud and forgery---Employee alleged unfair labour practice and National Industrial Relations Commission, set aside the order passed by the employer---High Court in exercise of Constitutional jurisdiction restored the termination order and set aside the order passed by National Industrial Relations Commission on the ground that the case was of individual nature which was not covered under S.15 of Industrial Relations Ordinance, 1969---Plea raised by the employee was that the Constitutional petition was filed during the pendency of appeal before National Industrial Relations Commission, thus High Court could not exercise jurisdiction under Art. 199 of the Constitution---Validity---National Industrial Relations Commission had no jurisdiction to entertain the petition on behalf of the employee, without examining whether he had been made victim of unfair labour practice in accordance with the provisions of S.15 of Industrial Relations Ordinance., 1969---Assumption. of jurisdiction by National Industrial Relations Commission was illegal, therefore, High Court was competent to entertain Constitutional petition filed by the employer---Although the Constitutional petition was filed during the pendency of appeal before the National Industrial Relations Commission, yet the same had been withdrawn by the employer---If order or proceedings were patently without jurisdiction, High Court could issue writ in exercise of its ,jurisdiction under Art. 199 of the Constitution---Supreme Court declined to interfere with the passed by High Court--¬Leave to appeal was refused. Chairman Central Board of Revenue v. Pak. Saudi Fertilizer Ltd. 2001 SCMR 777 rel. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition has been filed against the…

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