1621/2025 Const. P. K-Electric Ltd (Petitioner) V/S NIRC and Another (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi
1621/2025 Const. P. K-Electric Ltd (Petitioner) V/S NIRC and Another (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi Order Date: 25-FEB-26
In the present case, while issuance of a charge sheet per se does not constitute unfair labour practice, the allegation of procedural impropriety and victimization if specifically pleaded and proved could bring the matter within the ambit of Section 31 of the Industrial Relations Act, 2012. Since the Commission has neither finally assumed jurisdiction conclusively nor granted final relief but has merely directed recording of evidence, the orders cannot be termed coram non judice at this stage, as portrayed by the petitioner. 14. In view of the settled legal position, the impugned orders being interlocutory and evidentiary in nature do not warrant interference in constitutional jurisdiction. The proper course would be to allow the Commission to determine, on the basis of evidence, whether the disciplinary proceedings amount to unfair labour practice. The petition, therefore, is dismissed along with pending application(s) as premature, subject to the petitioner???s right to assail the final order, if adverse, in accordance with law.