| Case ID |
079ef5e7-da44-4c30-8f61-baf28464bc52 |
| Body |
View case body. Login to View |
| Case Number |
Appeal No. 12 (40) of 1983 |
| Decision Date |
Aug 28, 1983 |
| Hearing Date |
Aug 24, 1983 |
| Decision |
The National Industrial Relations Commission vacated the stay order previously granted, concluding that the petitioner had not established a prima facie case for the issuance of an interim order. The court found that the dismissal of the petitioner was justified based on established misconduct following an inquiry. The Commission acknowledged that if the petition under section 25-A were ultimately decided in favor of the petitioner, he would be entitled to reinstatement with back benefits. However, the court determined that the other criteria for granting an interim stay order, specifically the existence of irreparable loss, were not met, as the petitioner could be reinstated if successful in the petition. |
| Summary |
This case involves the appeal by Muhammad Shafique Qamar, General Secretary of the All Pakistan NESPAK Employees Union, against his dismissal from National Engineering Services (Pakistan) Ltd. for alleged misconduct. The National Industrial Relations Commission initially granted a stay on the dismissal, which was contested by the employer. The Commission ultimately vacated the stay, determining that the dismissal was valid and that the petitioner had not shown a prima facie case for interim relief. The case highlights issues related to labor rights, the powers of industrial relations bodies, and the balance of interests between employers and employees within the framework of the Industrial Relations Ordinance (1969). It also underscores the importance of due process in disciplinary actions within essential service sectors, reflecting broader trends in labor law and industrial relations in Pakistan. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
All Pakistan NESPAK Employees Union,
WAPDA House, Lahore
|
| Judges |
S. Rais Ahmad Jafri,
Mahmood Akhtar,
Ashraf Ali
|
| Lawyers |
S. Naeem Bokhari,
Dr. Tariq Hassan,
Abdul Ghafur Mirza
|
| Petitioners |
Muhammad Shafique Qamar
|
| Respondents |
Employees Union,
National Engineering Services (Pakistan) Ltd.
|
| Citations |
1984 SLD 1981,
1984 PLC 1642
|
| Other Citations |
P L D 1973 Kar.189,
1980 P L C 752,
1978 P L C 232,
1984 P L C 367,
P L D 1970 S C 139,
1970 S C M R 491
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
National Industrial Relations Commission (Procedure and Functions) Regulations, 1973
|
| Sections |
22-D,
25-A,
38 (3-a),
Reg. 32
|