ALLIED BANK LIMITED vs FULL BENCH NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD Ss

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ALLIED BANK LIMITED VS FULL BENCH NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD Ss. 33 & 58---appeal by or against corporations---Form of appeal---Non-signing/verification of appeal---Curable defect---Fake educational certificates---Termination---after acceptance of grievance petition of employee and his consequential reinstatement, petitioner-Bank preferred an appeal, which was dismissed on technical ground of non-signing the same by only one attorney of the Bank without addressing merits of the case---Validity---Issue of authorization was neither raised at the initial stage of filing nor pointed out by the National Industrial Relations Commission's office---No opportunity was afforded to the Petitioner to rectify the alleged procedural defect---Commission, being a quasi-judicial body vested with the power to regulate its own procedure, was not divested of the jurisdiction to allow correction or supplementation of such formal requirements---Procedural lapses, such as deficiencies in the manner of signing or verifying pleadings, do not, per se, vitiate legal proceedings unless such irregularities result in demonstrable prejudice or impinge upon the fundamental jurisdiction of the adjudicating forum---Defect, being purely technical and rectifiable in nature, ought to have been remedied through appropriate procedural means rather than resorting to outright dismissal---Dismissal of the appeal without issuing notice for rectification, or even call upon the petitioner to furnish a second signature, appeared to be not only hasty, but also disproportionate to the nature of the alleged irregularity---Where a party suffers serious consequences, such as affirmance of reinstatement with back benefits of an employee terminated for alleged submission of fake academic credentials, a higher standard of scrutiny and adjudication on merits is required---any order, which fails to consider the material issues and evidence was liable to be set aside for non-application of mind---Constitutional petition was allowed in circumstances and the matter was remanded to the Commission for decision on merits.

ALLIED BANK LIMITED vs FULL BENCH NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD Ss — 2025 PLC 190 ISLAMABAD

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