| Case ID |
16298c01-5d11-477c-86d7-da11fa8ecefa |
| Body |
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| Case Number |
Writ Petition No. 1663 of 2008 |
| Decision Date |
Apr 30, 2009 |
| Hearing Date |
Apr 27, 2009 |
| Decision |
The Islamabad High Court dismissed the writ petition filed by the petitioner, affirming the decision of the National Industrial Relations Commission (NIRC) which concluded that there was no case of unfair labor practice. The court noted that the NIRC had the authority to refer the case to the Labour Court but was not legally bound to do so. The petitioner had alleged that she was not considered for the position of General Manager due to her husband's trade union activities. The court emphasized that the Labour Court could address individual grievances irrespective of the unfair labor practice findings. The dismissal of the petition was made without any order as to costs, allowing the petitioner to pursue her grievance under section 46 of the Ordinance if she had issued a grievance notice to the employer prior to approaching the NIRC. |
| Summary |
In the case of Writ Petition No. 1663 of 2008, the Islamabad High Court addressed issues related to the Industrial Relations Ordinance, 2002, particularly concerning unfair labor practices and individual grievances. The petitioner, who applied for the position of General Manager, alleged that she was not interviewed due to her husband's involvement in trade union activities. The court examined the jurisdiction of the NIRC and the Labour Court under sections 46 and 49 of the Ordinance. Ultimately, the court upheld the NIRC's dismissal of the claim of unfair labor practice, ruling that the Labour Court's jurisdiction to address individual grievances was separate and could be invoked regardless of unfair labor practice findings. The decision underscored the importance of proper grievance procedures in labor relations, allowing individuals to seek redress for violations of their rights. Keywords include 'Industrial Relations Ordinance', 'unfair labor practice', 'Labour Court jurisdiction', 'individual grievances', and 'trade union activities'. |
| Court |
Islamabad High Court
|
| Entities Involved |
National Industrial Relations Commission,
Shalimar Recording and Broadcasting Company
|
| Judges |
MUHAMMAD MUNIR PERACHA, J
|
| Lawyers |
Mr. Mushtaq Hussain Bhatti, Advocate,
Mr. Fakhar Mehmood Chanda Advocate
|
| Petitioners |
|
| Respondents |
Pakistan Miner Development Corporation through General Manager and 2 others
|
| Citations |
2009 SLD 3087,
2009 PLC 236
|
| Other Citations |
Muhammad Ibrahim and another v. Pakistan Miner Development Corporation through General Manager and 2 others 2003 PLC 291,
Manager (Admn.), House Building Finance Corporation, Zonal office, Multan v. Punjab Labour Court No.8 Bahawalpur and others 1995 PLC 44
|
| Laws Involved |
Industrial Relations Ordinance, 2002
|
| Sections |
49,
46
|