NATIONAL RURAL SUPPORT PROGRAM (NRSP) through Programme Officer HR NRSP, Bahawalpur vs NATIONAL INDUSTRIAL RELATIONS COMMISSION, FULL BENCH AT LAHORE Ss — 2025 PLC 54 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 PLC 54 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: PLC
Parties: NATIONAL RURAL SUPPORT PROGRAM (NRSP) through Programme Officer HR NRSP, Bahawalpur vs NATIONAL INDUSTRIAL RELATIONS COMMISSION, FULL BENCH AT LAHORE Ss
Subject matter: Constitutional
Provisions referred to: S. 2; S. 87; 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

NATIONAL RURAL SUPPORT PROGRAM (NRSP) through Programme Officer HR NRSP, Bahawalpur VS NATIONAL INDUSTRIAL RELATIONS COMMISSION, FULL BENCH AT LAHORE Ss. 2(x)(xxxiii) & 87---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2(i)---Constitution of Pakistan, Art. 199---Constitutional petition---Industrial dispute---Trans-provincial establishment---Petitioner / establishment assailed orders passed by the forums below declaring that provisions of West Pakistan Industrial and Commercial (Standing Orders) Ordinance, 1968 were applicable---Validity---Petitioner / establishment qualified as an 'establishment' in terms of S. 2(x) of Industrial Relations Act, 2012, which included a company that had employed a workman for carrying on business, which nature of business was distinguishable from the industry---Respondent / employee was dismissed whose individual grievance came within the ambit of an industrial dispute in terms of S.2(xvi) of Industrial Relations Act, 2012---This was a dispute between an employer and workman and was connected with employment or otherwise concerning the terms and conditions of employment---Respondent / employee also came within the definition of workman under S.2 (xxxiii) of Industrial Relations Act, 2012, as he was not employed to conduct managerial or administrative assignment---Even if petitioner / establishment was not qualified as a 'commercial establishment' for the purpose of West Pakistan Industrial and Commercial (Standing Orders) Ordinance, 1968, but it came within the ambit of an establishment under Industrial Relations Act, 2012 which might not be a ground for dismissing claim of respondent / employee in the wake of S. 87 of Industrial Relations Act, 2012, which had extended an overriding effect to the Act, 2012---Division Bench of High Court declined to interfere in concurrent findings of two for a below---Constitutional petition was dismissed in circumstances.

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