| Case ID |
deb7834d-562f-46a5-9902-65bb0161792d |
| Body |
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| Case Number |
Constitution Petitions Nos. D-615, D-616 and D-617 |
| Decision Date |
Mar 10, 2020 |
| Hearing Date |
Mar 10, 2020 |
| Decision |
The Sindh High Court dismissed the constitutional petitions filed by K-Electric Limited against the Full Bench order of the National Industrial Relations Commission (NIRC). The court found that the NIRC had jurisdiction over the matter as K-Electric is a trans-provincial establishment, and the grievances of individual workers against their employer could be properly addressed under the Industrial Relations Act, 2012. The court upheld the NIRC's directive to release outstanding salaries and remand the grievance petitions for further evidence. The decision emphasized that no prejudice was caused to either party, and the court maintained the Full Bench's order as it aligned with legal provisions. The dismissal was made in limine, indicating that the petitions were found to be without merit. |
| Summary |
In the case of K-Electric Limited versus Muhammad Aslam Shah and others, the Sindh High Court addressed constitutional petitions regarding wage disputes under the Industrial Relations Act, 2012, and the Payment of Wages Act, 1936. The core issue revolved around the jurisdiction of the NIRC over claims related to wages and unfair labor practices. The court determined that K-Electric, as a trans-provincial establishment, fell under the NIRC's jurisdiction for adjudicating individual grievances of workers. The court's decision to uphold the NIRC's remand order and dismiss the petitions reflects a broader commitment to protecting workers' rights and ensuring fair labor practices in the industrial sector. This case highlights the importance of legal frameworks in addressing wage disputes and reinforces the role of the NIRC in safeguarding workers' interests in Pakistan's evolving labor landscape. |
| Court |
Sindh High Court
|
| Entities Involved |
National Industrial Relations Commission,
K-Electric Limited
|
| Judges |
NADEEM AKHTAR, JUSTICE,
ADNAN-UL-KARIM MEMON, JUSTICE
|
| Lawyers |
Ghulam Murtaza Saryo
|
| Petitioners |
MESSRS K-ELECTRIC, LIMITED THROUGH AUTHORIZED PERSONNEL
|
| Respondents |
MUHAMMAD ASLAM SHAH AND OTHERS
|
| Citations |
2021 SLD 1035,
2021 PLC 108
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Act, 2012,
Payment of Wages Act, 1936
|
| Sections |
33,
54,
15
|