Citation Name: 2024 PLC 125 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Syed ZAHOOR SHAH vs CHIEF EXECUTIV

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Citation Name: 2024 PLC 125 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Syed ZAHOOR SHAH VS CHIEF EXECUTIVE OFFICER S. 33---Grievance petition---Passing of judgment by the National Industrial Relations Commission without requiring evidence---Petitioner /employee invoked constitutional petition against the judgment passed by the Single Bench National Industrial Relations Commission ('NIRC'), contenting that NIRC had wrongly passed judgment against him without framing issues and adducing evidence---Validity---Record revealed that an undated text message (SMS) was issued by the respondent (General Manager) to the petitioner (employee), wherein he was directed to submit his resignation---Consequently , the petitioner on receipt of said text message issued Grievance Notice to the respondents (Employer) through e-mail and requested for withdrawal of said notice (text message)---However, thereafter the respondents kept silent until the petitioner preferred a Grievance Petition under S. 33 of the Industrial Relations Act, 2012, before the NIRC, which was contested by the respondents (employer), but unfortunately the Single Bench NIRC, without adverting to the merits of the case, dismissed the Grievance Petition of the petitioner in a summarily manner without providing opportunity to the petitioner to prove his case by leading evidence---Even otherwise, the Single Bench NIRC had failed to frame issues out of the pleadings of the parties and to record evidence---Thus, in absence of any evidence, various aspects/questions of case (issuance of Show-Cause Notice / Termination Letter/Grievance Notice or other wise, etc.) could not be ascertained---Answers of such questions were missing in the impugned judgment of the Single Bench NIRC, which resulted in miscarriage of justice with the petitioner/employee and he was condemned unheard---High Court while setting aside the impugned judgment remanded the matter to the Single Bench, National Industrial Relations Commission, with directions for a decision afresh after providing fair opportunity to the parties to lead evidence in support of their contentions---Constitution petition, filed by the employee, was allowed, in circumstances.

Citation Name: 2024 PLC 125 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Syed ZAHOOR SHAH vs CHIEF EXECUTIVE OFFICER S — 2024 PLC 125 QUETTA-HIGH-COURT-BALOCHISTAN

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