KARACHI: The Sindh High Court (SHC) has ruled that the National Industrial Relations Commission (NIRC) bench is competent to adjudicate and determine industrial dispute between the parties and to punish any person who obstructs or abuses its process or disobeys any of its orders or directions or does anything which tends to prejudice the case of parties before it under section 54 & 55(1)(iii)(a)(b)(c)(d) and 57(a) of the Industrial Relations Act, 2012.
A division bench of the SHC comprising Justice Muhammad Shafi Siddiqui and Justice Adnan-ul-Karim Memon gave this ruling in a constitutional petition of a private company, which challenged the summoning of its vice president (VP) on the grounds that it was in violation of the Industrial Relations Act, 2012.
The petitioner prayed the court to direct the Member of the NIRC Bench No. 2 to refrain from proceeding further and suspend the operation of the orders to summon the VP.
According to a written order of the court released on Monday, the court stated that the private company initiated disciplinary proceedings against one of its employees on account of unfair labour practices and was found guilty of serious acts of misconduct under the Industrial and Commercial Employment (Standing Order) Ordinance, 1968.
Finally, his services were dispensed with and being aggrieved by and dissatisfied with his termination letter, he approached the NIRC, Karachi bench, whereby the company was restrained from taking any adverse action against him.
However, the complainant lodged another application before the bench of NIRC at Karachi which was entertained. The NIRC bench directed the VP of the company to appear in person.
The matter was taken up on 29.01.2021 by the bench of NIRC and due to the VP’s failure to appear, bailable warrants of arrest in the sum of Rs50,000 were issued against him.
The order stated that the counsel for the company argued that by summoning the VP of the company, the NIRC made an erroneous decision and was liable to be set aside.
The bench observed that it pursued the contents of the complaint lodged before the single bench of the NIRC with certain pleas.
“The bench in its wisdom summoned VP to appear in person, however, he failed and neglected to put his appearance in the court compelling the NIRC to issue his bailable warrants of arrest in the sum of Rs50000,” the bench stated.
The bench declared that prima facie, the matter arising between the parties is sub judice before the single bench of the NIRC and yet to be decided under law, interference at this stage by this court is not required.
The court rejected the contention of the counsel for the company that the NIRC was not competent to summon the VP for his appearance in court. “Prima facie this assertion is misconceived for the simple reason that the bench of NIRC is competent under section 54 & 55(1)(iii)(a)(b)(c)(d) and 57(a) of the Industrial Relations Act, 2012 to adjudicate and determine the industrial dispute between the parties and to punish any person who obstructs or abuses its process or disobeys any of its orders or directions or does anything which tends to prejudice the case of parties before it,” the bench ruled.
Copyright Business Recorder, 2021
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