Legal Case Summary

Case Details
Case ID 163b91f3-4295-457d-ae8d-69a5504f3232
Body View case body.
Case Number D-3195 of 2010
Decision Date Jan 01, 2015
Hearing Date Jan 01, 2015
Decision The Sindh High Court ruled that the Industrial Relations Act, 2012 is a valid piece of legislation and not ultra vires the Constitution. It recognized the necessity for federal legislation for trans-provincial establishments as provincial laws could not govern rights that transcend provincial boundaries. The court emphasized the importance of the right to form trade unions at a national level, ensuring that workers in trans-provincial establishments have legal recourse through the National Industrial Relations Commission (NIRC). The court also stated that the absence of a federal law would prevent the exercise of fundamental rights guaranteed under the Constitution.
Summary This landmark case emphasizes the constitutional validity of the Industrial Relations Act, 2012, affirming the right to form trade unions across provincial boundaries. The Sindh High Court's decision highlights the need for robust legal frameworks that support workers' rights in trans-provincial establishments. The ruling clarifies the jurisdictional authority of the NIRC over labor disputes involving such establishments, thereby safeguarding the fundamental right to association as outlined in Article 17 of the Constitution. The court's ruling reinforces the legislative competence of the federal government in areas where provincial laws fail to address trans-provincial issues, ensuring that labor rights are not compromised. This case serves as a pivotal reference for future labor disputes and legislative matters concerning workers' rights in Pakistan, making it a vital resource for legal practitioners and policymakers alike.
Court Sindh High Court
Entities Involved KESC, National Industrial Relations Commission
Judges FAISAL ARAB, MUHAMMAD ALI MAZHAR, Salahuddin Panhwar
Lawyers Ch. Muhammad Ashraf, Makhdoom Ali Khan, Ashraf Hussain Rizvi, Hyder Ali Khan, Nishat Warsi, Salah-ud-Din Ahmed, Deputy Attorney General, Muhammad Humayoon, Malik Naeem Iqbal, Chaudhry Atif, Najeeb Jamali, Rashid Anwar, Muhammad Sarwar Khan, Latif Sagar, Kashif Hanif, Zia-ul-Haq Makhdoom, Moin Azhar Siddiqi, Mehmood Abdul Ghani, Shabbir Shah, Muhammad Aslam Butt, Sanaullah Noor Ghori, Abdul Ghaffar Khan, Muhammad Atiq Qureshi, Faiz Muhammad Ghanghro, Sami-ur-Rehman, Jamal Bukhari, Muhammad Azhar Mahmood, Muhammad Rafi Kamboh, Farhatullah, Mustafa Ali, Jhanzeb Inam, Rasheed Ahmed Razvi, Haleem Siddiqi, S.Shoa-un-Nabi, Muhammad Azam Khan Azmati, Malik Altaf Javaid, Muhammad Rafique Malik, Faisal Aziz, Azhar Elahi, Khalid Imran
Petitioners N.I.R.C., KESC
Respondents others, N.I.R.C.
Citations 2015 SLD 1596, 2015 PLC 1
Other Citations Pakistan Muslim League (N) v. Federation of Pakistan PLD 2007 SC 642, Air League of PIAC Employees v. Federation of Pakistan 2011 SCMR 1254
Laws Involved Industrial Relations Act (X of 2012), Constitution of Pakistan
Sections 3, 19, 17, 141, 199