Law: Industrial Relations Ordinance, 2002

Section: 49

(a) Industrial Relations Ordinance (XCI of 2002)---   ----S. 49---When National Industrial Relations Commission was dealing with the cause of unfair labour practice, one of the option with the Commission was to refer the case to the Labour Court within whose jurisdiction the cause had occurred or was likely to occur, either for report or for disposal---If the case was referred for report, the Labour Court would enquire into the matter and forward its report thereon to the Commission---If the case was referred for disposal to the Labour Court, Labour Court could dispose of the case as if the proceedings had originally commenced before it; and could grant such relief as the Commission had the power to grant---In the present case, the matter was referred by the Commission to the Labour Court for disposal, the Labour Court would dispose of the case as if the Labour Court was dealing with the case of unfair labour practice and it would be the opinion of the Commission to send the case to the Labour Court or to decide it by itself.    Muhammad Ibrahim and another v. Pakistan Miner Development Corporation through General Manager and 2 others 2003 PLC 291 ref.   (b) Industrial Relations Ordinance (XCI of 2002)---   ----S. 46---Individual grievance---Jurisdiction of Labour Court---So far as the jurisdiction of the Labour Court to redress the individual grievance of a worker under S.46 of the Industrial Relations Ordinance, 2002 was concerned, the said jurisdiction was altogether different---Labour Court had the power to redress the individual grievance of a worker even if unfair labour practice was not established, if the worker had been deprived from any right guaranteed or secured to him by or under any law or any award or settlement for the time being in force---Commission of unfair labour practice was not a condition precedent for invoking the jurisdiction of the Labour Court.   Manager (Admn.), House Building Finance Corporation, Zonal office, Multan v. Punjab Labour Court No.8 Bahawalpur and others 1995 PLC 44 ref.   JUDGMENT MUHAMMAD MUNIR PERACHA, J.--- The Management of the Shalimar Recording and Broadcasting Company pasted a…

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