ISLAMABAD: The Islamabad High Court (IHC) on Wednesday directed the federal government to hand over the acting charge of chairman of the National Industrial Relations Commission (NIRC) to its senior-most member by Monday in a case regarding the non-appointment of the commission’s chairman and members.
IHC Justice Sardar Ejaz Ishaq Khan issued the direction while hearing a petition filed through advocate Umair Baloch regarding vacancies in the NIRC that, according to the petitioner, had rendered the tribunal dysfunctional.
Advocate Shoaib Shaheen appeared on behalf of the petitioner, while Additional Attorney General Rashid Hafeez represented the federation.
During the hearing, the additional attorney general informed the court that a summary for the appointment of the NIRC chairman had already been moved and sought two weeks’ time for completion of the process.
Justice Sardar Ejaz Ishaq Khan observed that the office had remained vacant since May 1 and questioned why the government was seeking another two weeks. He remarked that the authorities should at least state in the summary that until the appointment of a regular chairman, the senior-most member should be assigned acting charge.
Advocate Shoaib Shaheen expressed surprise that no senior member had yet been given acting charge despite the vacancy. At this, Justice Sardar Ejaz Ishaq Khan remarked that the situation had become so routine that “nothing is surprising anymore”.
The additional attorney general maintained that the appointment process was underway and required more time. However, the court insisted that until a regular appointment was made, the senior-most member should be given acting charge.
When the law officer argued that members of the commission were continuing to work and that the functioning of the institution had not stopped, Shoaib Shaheen contended that without a chairman the commission could not properly function as no one was available to constitute benches.
Drawing a parallel with the superior judiciary, the counsel argued that just as judges of a high court could not constitute benches in the absence of a chief justice, the same principle applied to the NIRC.
The petitioner’s counsel further submitted that after the resignation of former chairman Justice Shaukat Aziz Siddiqui, no permanent chairman had been appointed, while one of the members had also retired, leaving the commission practically inactive.
He informed the court that labour disputes from across the country were brought before the tribunal and litigants were suffering due to the absence of a chairman and members.
Justice Sardar Ejaz Ishaq Khan questioned how cases could be marked and benches constituted in the absence of a chairman. When NIRC officials informed the court that staff members were marking newly filed cases, the judge remarked, “You do your job and let us do ours.”
The court subsequently directed the federal government to assign acting charge of chairman to the senior-most member of the NIRC by Monday and adjourned further hearing till then.
Published in Dawn, May 14th, 2026
