| Case ID |
47d4b2e4-6c02-4aef-a0f9-e7e897772bbb |
| Body |
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| Case Number |
Constitutional Petition No. 24 of 2011 |
| Decision Date |
Jun 02, 2011 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled on the constitutionality and the validity of the Industrial Relations Act, 2008, particularly its automatic repeal on 30-4-2010 as provided under section 87(3). The Court acknowledged that while the Act was intended to be temporary, it was protected under Article 270-AA of the Constitution until 30-6-2011. The Court held that the Act was not superseded by any other legislative measure by the Provincial Assemblies until after its statutory period expired, leading to a legal vacuum in labor relations during that period. The Court emphasized the need for legislative clarity and the importance of upholding workers' rights during transitional periods. Ultimately, the petition was dismissed, affirming the expiration of the IRA, 2008 while recognizing subsequent provincial labor laws that emerged to address labor relations. |
| Summary |
This case, decided by the Supreme Court of Pakistan, revolves around the Industrial Relations Act (IRA) of 2008 and its automatic repeal provisions. The decision highlights the implications of the Eighteenth Amendment to the Constitution, which altered the legislative landscape for labor laws in Pakistan. The Court examined the interplay between temporary legislation and constitutional protections, focusing on the rights of workers and the continuity of labor laws in the absence of a federal framework. The ruling underscores the necessity for legislative measures to be enacted timely to avoid legal vacuums affecting labor rights. Keywords like 'Industrial Relations Act', 'Constitutional Amendment', 'Labor Rights', and 'Supreme Court Decision' are crucial for understanding the case's impact on labor law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
MUHAMMAD SAIR ALI,
GHULAM RABBANI
|
| Lawyers |
Abdul Hafeez Amjad, Advocate Supreme Court,
Mehmood A. Sheikh, Advocate-on-Record,
Maulvi Anwar-ul-Haq, Attorney-General on Court Notice,
Mehmood Abdul Ghani, Senior Advocate Supreme Court as Amicus Curiae
|
| Petitioners |
AIR LEAGUE OF PIAC EMPLOYEES through President
|
| Respondents |
FEDERATION OF PAKISTAN M/O. LABOUR AND MANPOWER DIVISION Islamabad High Court and others
|
| Citations |
2011 SLD 1926,
2011 SCMR 1254
|
| Other Citations |
Commissioner of Income Tax v. Ebrahim D. Ahmed 1992 PTD 1353,
Pir Sabir Shah v. Shad Muhammad Khan PLD 1995 SC 66,
Federation of Pakistan v. M. Nawaz Khokhar PLD 2000 SC 26,
State v. Muhammad Sharif PLD 1960 Lah. 236,
The Sargodha Bhera Bus Service Limited v. The Province of West Pakistan PLD 1959 SC 127,
Gooderham and Worts v. C.B. Corporation AIR 1949 PC 90,
State of Orrissa v. Bhupendra Kumar Bose AIR 1962 SC 945,
Qudrat Ullah v. Municipal Board, Barelly AIR 1974 SC 396,
Ameer-un-Nissa Begum v. Mahboob Begum AIR 1955 SC 352,
Hansraj Moolji v. The State of Bombay AIR 1957 SC 497,
Government of N.W.F.P. v. Said Kamal Shah PLD 1986 SC 360,
Sarfraz v. Muhammad Aslam Khan 2001 SCMR 1062,
Gul Hassan and Co. v. Allied Bank of Pakistan 1996 SCMR 237,
Adnan Afzal v. Sher Afzal PLD 1969 SC 187,
Mastak v. Lal PLD 1991 SC 344
|
| Laws Involved |
Industrial Relations Act, 2008,
Constitution of Pakistan,
General Clauses Act, 1897
|
| Sections |
25,
87(3),
144(1),
264,
270-AA,
6,
24
|