4973/2014 Const. P. Maersk Pakistan (Pvt) Ltd (Petitioner) V/S Pakistn through Secretary Ministry of Overseas Pakistanis (Respondent)
Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author)
4973/2014 Const. P. Maersk Pakistan (Pvt) Ltd (Petitioner) V/S Pakistn through Secretary Ministry of Overseas Pakistanis (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author) Order Date: 11-JAN-17
The questions, which require determination in the present case, were that whether the law expressly empowers the Commission to pass such an interim order in proceedings of unfair labour practice. If not, whether such a power necessarily follows, or is implicit in the powers expressly conferred, being incidental or ancillary to it or consequential to the power to find an employer guilty under the Industrial Relation laws. Provisions of National Industrial Relation Commissions (Procedure & Functions) Regulations, 1973, and Article 199 of constitution were discussed. It was observed that Learned Member NIRC failed to advert the grounds taken in the termination letter and other issues relating to the jurisdiction to pass ante status quo have also not dealt with in a proper manner. The impugned order was set aside and the case was remanded with the direction to decide the application of respondent No. 3 to 12 afresh.