BESTWAY CEMENT LTD. vs FULL BENCH OF NATIONAL INDUSTRIAL RELATIONS COMMISSION art — 2023 PLC 101 ISLAMABAD

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BESTWAY CEMENT LTD. VS FULL BENCH OF NATIONAL INDUSTRIAL RELATIONS COMMISSION art.199---Constitutional petition---High Court, jurisdiction of---Scope---High court in exercise of its constitutional jurisdiction does not act like a court of appeal---High Court neither reappraises evidence, nor substitutes concurrent findings of fact recorded by the lower fora with its own finding solely on the ground that another view was possible on the same evidence---any party approaching High Court under art.199 of the Constitution has to demonstrate that there was a gross misreading or non-reading of evidence or jurisdiction error, or such legal infirmity that has caused miscarriage of justice. Citation Name: 2023 PLC 101 ISLAMABADBookmark this Case BESTWAY CEMENT LTD. VS FULL BENCH OF NATIONAL INDUSTRIAL RELATIONS COMMISSION Ss.33 & 54(h)(i)---Civil Procedure Code (V of 1908), O.XIII, Rr. 4, 5, 6 & 7---Constitution of Pakistan, Art.199---Constitutional petition---National Industrial Relation Commission---Jurisdiction---Trans-provincial establishment---Documentary evidence, bringing on record---Procedure---Petitioner / employer was aggrieved of acceptance of grievance petitions filed by respondent / employee---Plea raised by petitioner / employer was that National Industrial Relation Commission had no jurisdiction in the matter---Validity---Petitioner / employer was a trans-provincial company---Whether grievance of respondent was individual or an industrial dispute, in both the cases, it was National Industrial Relation Commission that had exclusive jurisdiction, and not the Labour Court---No finding of fact rendered by National Industrial Relation Commission regarding orders in question whether respondent / employee accepted payment of dues for services rendered or whether clearance certificate relied upon by petitioner / employer represented full and final settlement of benefits due upon termination and whether such acceptance was voluntary or not--- Order passed by National Industrial Relation Commission did not reflect any independent application of judicial mind--- Courts /Tribunals had to ensure that documents produced in evidence were endorsed in accordance with O. XIII, R. 5, C.P.C., unless the same were found inadmissible, in which case those were to be rejected as per O.XIII, R.4, C.P.C.---In case an objection was raised to admissibility of any documentary evidence, the Court / Tribunal was to determine such objection---Where Court considered a document relied upon as evidence by either side to be inadmissible, it would endorse the particulars as stipulated in O.XIII, R.6, C.P.C. together with the statement of it, having been rejected, as per O. XIII, R. 7(2), C.P.C.---Documents not admitted in evidence were not form part of the record and were to be returned to the person producing it---Clearance certificate available on record was neither exhibited nor rejected as required under O.XIII C.P.C.---High Court set aside orders passed by National Industrial Relation Commission and remanded the matter to decide grievance petition afresh---Constitutional petition was allowed accordingly.

BESTWAY CEMENT LTD. vs FULL BENCH OF NATIONAL INDUSTRIAL RELATIONS COMMISSION art — 2023 PLC 101 ISLAMABAD

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