| Case ID |
42a20317-7e7f-4049-9199-c4456f952254 |
| Body |
View case body. Login to View |
| Case Number |
Case No. 18 (7) of 1978 |
| Decision Date |
Aug 15, 1978 |
| Hearing Date |
|
| Decision |
The National Industrial Relations Commission upheld its jurisdiction under the Pakistan Essential Services (Maintenance) Act, determining that it was not bound by the High Court's decisions but only by the Supreme Court's law. The Commission ruled against the contention that the absence of specific regulations negated its authority. The decision emphasized the need for a fair inquiry process, asserting that fundamental rules of natural justice must be adhered to, particularly in cases where bias is evident, highlighting the importance of impartiality in administrative actions. |
| Summary |
This case revolves around the jurisdiction of the National Industrial Relations Commission under the Pakistan Essential Services (Maintenance) Act, 1952. It addresses critical issues regarding the authority's rights and responsibilities, including the discretion of the Managing Director under the Economic Reforms Order of 1972. The Commission's decision clarifies that it operates independently from High Court precedents, being bound solely by Supreme Court rulings. The emphasis on natural justice and unbiased inquiry processes further underscores the legal framework governing industrial disputes in Pakistan. The case serves as a pivotal reference for future disputes involving essential services, ensuring that the rights of employees are protected while maintaining the authority's jurisdictional integrity. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
WAPDA,
Multan Electric Supply Co. Ltd.
|
| Judges |
ATAULLAH SAJJAD, CHAIRMAN,
NAZAR MUHAMMAD
|
| Lawyers |
Aqa Asaf Jaffery,
Abdul Rashid,
Abdul Khaliq Khan
|
| Petitioners |
S. Viqar Ahmad Burni
|
| Respondents |
THE MANAGING DIRECTOR, MULTAN ELECTRIC SUPPLY Co. LTD., MULTAN
|
| Citations |
1979 SLD 987,
1979 PLC 250
|
| Other Citations |
1977 P L C 532,
P L D 1974 S C 228,
P L J 1975 Lah. 289,
1976 P L C 853,
P L D 1977 Lah. 234
|
| Laws Involved |
Pakistan Essential Services (Maintenance) Act (LIII of 1952),
Economic Reforms Order, 1972
|
| Sections |
6,
7,
7-A,
6,
8
|