NIRC restrained from passing orders on cases of KESC employeesJuly 16, 2013
Karachi: The Sindh High Court (SHC) on Tuesday restrained the National Industrial Relations Commission (NIRC) from passing orders on the cases of employees of Karachi Electric Supply Company’s (KESC) till further orders.
A larger bench of SHC headed by Justice Ghulam Sarwar Korai gave interim order on a petition filed by Karachi Electric Supply Company against proceedings of NIRC regarding the matters of KESC’s employees.
The petitioner’s counsel submitted that Sindh Industrial Act 2013 has been promulgated by provincial government which conceded the stance of KESC that its employees are required to approach labour court instead NIRC to redress their issues.
The counsel said that larger bench of SHC had earlier suspended the restraining order passed by NIRC in the matters pertaining to the Karachi Electric Supply Company’s (KESC)employees as matter pertaining to jurisdiction of NIRC to entertain the cases of employees of KESC was pending.
He pointed out that despite orders of full bench of SHC, NIRC was continuously entertaining the matters of KESC employees under section 54 (e) of Industrial Act 2012 along with applications under regulations of NIRC 1973 and passed orders, restraining KESC from probing into matters of its employees, which according to him was clear violation of the orders of court.
The counsel of KESC prayed to the court to restrain NIRC from entertaining the cases and passing orders till the matter regarding jurisdiction of NIRC is decided. The court ruled that till next date of hearing, NIRC while entertaining the applications of employees of KESC may not passes order which curtail the rights of KESC to conduct inquiry into the issues with regard to its employees. The SHC’s division bench also issued notices to secretary law and parliamentary affairs, Chief Secretary, NIRC and additional advocate general and adjourned the hearing of case to July 25.