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NIRC V. UBL (Infructuous Petition Dismissed)

PLJ 2010 · Sindh High Court

This case was heard by the National Industrial Relations Commission (NIRC), Karachi Bench, and involved a bank employee, Hussain Bux Mallah, who filed a petition against United Bank Limited under the Industrial Relations Act, 2008. He claimed that during union election proceedings, the bank's management had threatened to victimize him because of his trade union activities.

The bank argued that the petition should be dismissed because, before it was even filed, the petitioner had already been dismissed from his job through an official dismissal order dated 7 October 2009, which he received on 8 October 2009. The petition itself was filed later, on 13 October 2009.

The Commission agreed with the bank. It found that since the petitioner was no longer an employee at the time he filed his case, the Commission could not grant the relief he sought, such as reinstatement, because such power only applies when someone is being punished for unfair labour practices, not when the person has been acquitted of charges. The Commission also noted that the union elections he complained about had already taken place, so there was no ongoing issue left to address.

As a result, the petition was declared infructuous, meaning it no longer served any real purpose, and was dismissed. The case illustrates that legal claims must be based on a live, current grievance, and courts or tribunals will not entertain petitions that have become moot due to intervening events.

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