MUHAMMAD IRSHAD vs FULL BENCH NATIONAL INDUSTRIAL RELATIONS COMMISSION (NIRC) ISLAMABAD BENCH, LAHORE Ss — 2023 PLC 22 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLC 22 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLC
Parties: MUHAMMAD IRSHAD vs FULL BENCH NATIONAL INDUSTRIAL RELATIONS COMMISSION (NIRC) ISLAMABAD BENCH, LAHORE Ss
Subject matter: Constitutional
Provisions referred to: S. 57

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

MUHAMMAD IRSHAD VS FULL BENCH NATIONAL INDUSTRIAL RELATIONS COMMISSION (NIRC) ISLAMABAD BENCH, LAHORE Ss.57 & 33---Redress of individual grievances---Additional powers of the National Industrial Relations Commission (NIRC)---Transfer of case pending before Labour Court---Scope---Petitioners sought regularization of their employment by filing grievance petitions before the Labour Court---Grievance petitions were resisted on the issue of jurisdiction with respect to Trans-Provincial status of the respondent establishment---National Industrial Relations Commission initially passed order requisitioning the record of the cases from Labour Court but same was recalled---Validity---Jurisdiction conferred by law could not be ousted by the parties or the Court---Such was especially so when S. 57(2)(b) had stipulated that the NIRC may, on the application of a party or of its own motion withdraw from a Labour Court of province any application, proceedings or appeal relating to unfair labour practice which fell within its jurisdiction---Instead of invoking the powers conferred on the NIRC by law to the benefit and facilitation of the petitioners, their grievance was knocked down on a technical ground of concealment of facts---Impugned order being inherently illegal, unlawful, void and corum non judice, was set aside---Constitutional petition was allowed.

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