PEARL CONTINENTAL HOTELS NATIONAL LABOUR UNION vs NATIONAL INDUSTRIAL RELATIONS COMMISSION Ss — 2023 PLC 206 ISLAMABAD

Case information

Citation: 2023 PLC 206 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: PLC
Parties: PEARL CONTINENTAL HOTELS NATIONAL LABOUR UNION vs NATIONAL INDUSTRIAL RELATIONS COMMISSION Ss
Subject matter: Constitutional
Provisions referred to: S. 58; Industrial Relations Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PEARL CONTINENTAL HOTELS NATIONAL LABOUR UNION VS NATIONAL INDUSTRIAL RELATIONS COMMISSION Ss.53 & 58---Constitution of Pakistan, Art. 199---Constitutional petition---Industrial dispute---Alternate and efficacious remedy---Petitioner / employer company was aggrieved of order passed by Member National Industrial Relation Commission as Authorized Officer, who had stopped referendum proceedings for determination of Collective Bargaining Agent (CBA)---Validity---Appeal was provided under S. 58 of Industrial Relations Act, 2012, to Full Bench of the Commission only against an order, decision etc. passed by a Member of the Commission---Remedy of appeal against award or decision or order passed by any Bench of the Commission was available before the Commission under S. 58 (1) of Industrial Relations Act, 2012---Appeal was to be disposed of in terms of S.58 (2) of Industrial Relations Act, 2012---Order passed by Member NIRC as Authorized Officer was in fact an order against which statutory remedy of appeal was provided in terms of S. 58 of Industrial Relations Act, 2012---Where statute under which order was assailed itself had provided remedy of appeal, Court of constitutional causes ought to be reluctant to by-pass special statute and should not resort to exercise judicial review---High Court declined to interfere in the orders passed by NIRC---Constitutional petition was dismissed, in circumstances.

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