| Case ID |
675de9b5-c7ee-4268-96c6-befd7e463432 |
| Body |
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| Case Number |
Appeal No. 12 (129) of 2002-L |
| Decision Date |
Oct 22, 2003 |
| Hearing Date |
Oct 22, 2003 |
| Decision |
The appeal was directed against the order of the learned Senior Member, Lahore Bench, which dismissed the petition of the appellant Ameer Abdullah. The court found that the conversion of a criminal complaint into a civil petition was illegal and outside the jurisdiction of the National Industrial Relations Commission (NIRC). The NIRC could only reinstate a terminated employee in cases of unfair labor practices if the employer was found guilty, which was not the case here. As the appellant was a civil servant, he should have approached the appropriate forum, the Federal Service Tribunal, for his re-instatement. The appeal was therefore dismissed as not maintainable. |
| Summary |
In the case of Ameer Abdullah vs. Managing Director Pak American Fertilizer Ltd., the National Industrial Relations Commission dealt with the complexities surrounding unfair labor practices and the proper jurisdiction for civil servants. The appellant claimed he was dismissed due to his trade union activities, alleging unfair labor practices by his employer. However, the NIRC concluded that it lacked the jurisdiction to convert a criminal complaint into a civil petition. The decision emphasized the importance of following legal procedures and the necessity for civil servants to approach the appropriate legal forums for issues related to their employment. The ruling reinforces the legal standards surrounding labor relations and the enforcement of rights in the workplace, highlighting the critical role of the NIRC and the Service Tribunals Act in protecting employee rights. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
PAK AMERICAN FERTILIZER LIMITED
|
| Judges |
Ali Nawaz A. Channa (Chairman),
Syed Altaf Hussain Shah (Member),
Mr. Muhammad Iqbal Hussain (Member)
|
| Lawyers |
Mr. Mushtaq Hussain Bhatti (Advocate for Appellant),
Mian Mahmood Hussain (Advocate for Respondents)
|
| Petitioners |
AMEER ABDULLAH
|
| Respondents |
another,
MANAGING DIRECTOR PAK AMERICAN FERTILIZER LTD. ISKAN-DERABAD DISTT. MIANWALI
|
| Citations |
2004 SLD 3762,
2004 PLJ 112
|
| Other Citations |
1980 PLC 800,
1980 PLC 1191,
1987 PLC 674,
PLD 1976 Lah. 611,
1984 PLC 397,
1984 PLC 1645,
1994 PLC 1480,
1990 PLC 599,
2000 SCMR 826,
1994 SCMR 221
|
| Laws Involved |
Industrial Relations Ordinance, (XXIII of 1969),
Service Tribunals Act, 1973
|
| Sections |
22-A(9)(a),
22-B(3)(a),
15,
53,
2-A
|