ISLAMABAD: The Islamabad High Court (IHC) on Tuesday suspended the termination of a member of the National Industrial Relations Commission (NIRC).
IHC Justice Miangul Hassan Aurangzeb was hearing a petition filed by Noor Zaman against his sacking as the NIRC member.
The Ministry of Overseas Pakistanis and Human Resource Division on April 4, 2019 appointed Mr Zaman as the NIRC member on contractual basis for a period of two years.
Through a notification dated September 13, 2021, he was again appointed as the member NIRC on contractual basis for two years. By virtue of a standing order on August 30, 2022, the NIRC chairman assigned to the petitioner cases pertaining to registration/cancellation of unions, federation and internal elections, amendments, determination of collective bargaining agent in respect of unions, federations and other allied matters.
The government earlier this month posted Mr Zaman as member NIRC Lahore branch. However, he challenged his posting orders which were suspended by the IHC on April 7.
Justice Aurangzeb noted that prior to his sacking, Mr Zaman had been subjected to intimidation by self-styled labour representatives who pretended as legal attorney and also charged fee from litigants.
He noted that Mr Zaman was terminated at a time when he was proceeding against alleged contemnors.
He observed that the notification for the appointment of the petitioner stated that “the appointment is contractual but it ought to be borne in mind that the appointment is for carrying out and performing inter alia adjudicatory functions.”
He observed: “By issuing the impugned notification dated April 11, 2023, the respondents have, in effect, prima facie prevented the petitioner from exercising his duties and functions under Section 57(1)(a) and (2)(a) of the IRA to punish the contemnors who disrupted the adjudicatory proceedings before the NIRC on April 11.”
The judge issued notices to the respondent authorities of the government and adjourned hearing till April 20.
Published in Dawn, April 19th, 2023
