| Case ID |
08f71309-2923-41f2-810e-37d5b04bf9f2 |
| Body |
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| Case Number |
Writ Petition No. 4723 of 1985 |
| Decision Date |
Apr 30, 1986 |
| Hearing Date |
Apr 22, 1986 |
| Decision |
The writ petition was dismissed, affirming the National Industrial Relations Commission's (N.I.R.C.) jurisdiction to issue prohibitory orders in cases of likely unfair labor practices. The court ruled that the High Court would not interfere with interim orders unless there was a complete lack of jurisdiction. The petitioners' claims regarding the implementation of transfer orders were found to be unsubstantiated, and the N.I.R.C. was deemed competent to address the complaints raised by the employees' union regarding unfair labor practices. The court highlighted the importance of the N.I.R.C.'s role in protecting labor rights and ensuring fair practices in the workplace. |
| Summary |
In this case, the Lahore High Court dealt with a writ petition challenging the orders of the National Industrial Relations Commission (N.I.R.C.) regarding unfair labor practices. The petitioners contested the N.I.R.C.'s jurisdiction to suspend their transfer orders of employees in light of a complaint from the P.I.D.B. Employees' Union. The court emphasized that the N.I.R.C. has the authority to intervene when unfair labor practices are suspected, allowing them to issue prohibitory orders to prevent such occurrences. This case underscores the legal framework surrounding labor relations in Pakistan and the balance between administrative decisions by employers and the protection of employees' rights under labor laws. The decision reaffirms the importance of the N.I.R.C. in adjudicating labor disputes and protecting the rights of workers, ultimately dismissing the petitioners' claims without costs. The ruling provides clarity on the jurisdictional limits of the High Court regarding interim orders issued by labor tribunals, reinforcing the principle that such orders should not be interfered with unless there is an absence of jurisdiction. Keywords: labor rights, unfair labor practices, N.I.R.C., Punjab Industrial Development Board, employee transfers, legal jurisdiction. |
| Court |
Lahore High Court
|
| Entities Involved |
National Industrial Relations Commission,
Punjab Industrial Development Board
|
| Judges |
MANZOOR HUSSAIN SIAL, J
|
| Lawyers |
M.A. Ghani,
Muhammad Ismail Chaudhry
|
| Petitioners |
GENERAL MANAGER (ADMINISTRATION), PUNJAB INDUSTRIAL DEVELOPMENT BOARD, LAHORE
|
| Respondents |
NATIONAL INDUSTRIAL RELATIONS COMMISSION
|
| Citations |
1987 SLD 1007,
1987 PLC 129
|
| Other Citations |
Lever Brothers Pakistan Ltd. v. Muhammad Suleman and others 1984 P L C 115,
Messrs National Cement Industries Ltd. v. National Industrial Relations Commission, Islamabad and another 1986 P L C 105,
Lever Brothers (Pakistan) Ltd. v. Senior Member, National Industrial Relations Commission and another P L D 1986 Lah. 90
|
| Laws Involved |
National Industrial Relations Commission (Procedure and Functions) Regulations, 1973,
Constitution of Pakistan (1973)
|
| Sections |
32(2),
199
|