PAKISTAN TELECOMMUNICATION COMPANY LTD. vs Mst — 2024 PLC 324 ISLAMABAD

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PAKISTAN TELECOMMUNICATION COMPANY LTD. VS Mst. FATIMA Ss. 33(5), 33(6), 33(7), 57(1)(a), 57(2)(a) & 67 (8)---Orders passed by the National Industrial Relations Commission ('NIRC'), non-compliance of---Complaint against the employer for its non-compliance of previous order(s) passed by NIRC---National Industrial Relations Commission to punish non-compliant / defaulter---Powers---Lady, who was appointed as Naib Qasid by Pakistan Telecommunication Company Limited ('PTCL'), retired on superannuation ; her pensionary benefits were allowed by the National Industrial Relations Commission ('NIRC') vide two orders which (orders) were maintained upto the Supreme Court, thus, having attained finality ('the final orders') ; on non-compliance, she filed complaint / petition before the National Industrial Relations Commission ('NIRC') praying not only for a direction to pay all pensionary benefits, but also for the PTCL (respondents in the said complaint) to be punished for not showing compliance with the final orders---National Industrial Relations Commission allowed worker's complaint / petition against the employer / PTCL---Employer (PTCL) filed constitutional petition assailing order passed by the Full Bench-NIRC whereby its appeal against the said (complaint allowing) order was dismissed---Question was whether the NIRC could punish petitioner/PTCL or any of its ( PTCL's) officers for defaults in giving effect to its (NIRC'S) previous (two/final) orders---Contention of the petitioner /PTCL was that only a Labour Court or a Court of a Magistrate could conduct proceedings to punish a defaulter for not giving effect to or not complying with or violating a decision or order of the NIRC---Validity---If the High Court were to accept the said contention of the petitioner, it would not just amount to attributing redundancy to Ss. 33(6) & (7), S. 57(1)(a) & (2)(a) and S.67(8) of the Industrial Relations Act, 2012, but would encourage such defaulters to flout decisions or orders of the NIRC with impunity and leave the downtrodden workman to languish before different Courts in order to harvest the benefits of labour laws or to implement decisions or orders of the NIRC---In the present case, the petitioner/PTCL's reluctance to give respondent her dues in accordance with the orders of the NIRC which had been upheld by the Supreme Court had caused her to be embroiled in litigation over a period of a decade---Constitutional petition, filed by the employer (PTCL), was dismissed with costs throughout.

PAKISTAN TELECOMMUNICATION COMPANY LTD. vs Mst — 2024 PLC 324 ISLAMABAD

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