KARACHI: The Sindh High Court (SHC) has directed the federal government to appoint a regular chairman of the National Industrial Relations Commission (NIRC) possessing requisite qualifications within a reasonable period.

The SHC noted that the federal government may exercise its power of appointment but it cannot bypass the prescribed qualification and mechanism by describing the assumption of the chairman’s functions by an otherwise unqualified member as a temporary arrangement.

A two-judge constitutional bench of the SHC headed by Justice Adnan-ul-Karim Memon also observed that the legislature has not merely contemplated the subject post as a matter of administrative convenience; rather, the position of chairman formed an express component of the statutory composition of the commission.

A lawyer had petitioned the SHC last month challenging a notification about the appointment of Sardar Tahir Sabir, a member of NIRC, as acting chairman and also sought a directive for federal authorities concerned to appoint a regular chairman strictly in accordance with law and applicable rules.

SHC says prescribed qualification, mechanism should not be bypassed

The petitioner argued that the law has not authorised the respondents to appoint an acting chairman or any interim/stopgap arrangement and the appointment in question was made on May 18 without lawful authority as Mr Sabir was neither the senior-most member nor qualified for such position under the applicable rules and regulations.

An assistant attorney general had questioned the maintainability of the position and submitted that the subject appointment was within the competence of the federal government and the acting chairman has merely been entrusted with the functions until regular appointment.

The bench in its order noted that as per the rules, the chairman of NIRC must be a former judge of Supreme Court or a high court while the qualification for its members was a retired district judge and, therefore, there was a distinction between the offices of chairman and members.

It also said, “The federal government’s power of appointment must consequently be exercised within the limits prescribed by the parent act and the rules framed thereunder, therefore, the competent authority needs to look into the matter as per law and policy on the subject issue and take measure as per law”.

The bench further observed that as per the impugned notice, Mr Sabir has been entrusted in his capacity as a member of NIRC with the responsibility of performing functions of chairman as a stopgap arrangement till appointment of a regular chairman.

“The notification cannot itself be treated as an appointment to the office of chairman because such an appointment would be inconsistent with the prescribed qualification requirement. At the same time, the nomenclature used in the notification cannot, by itself, confer upon a member a statutory power which the act has vested in the chairman, since the cabinet has taken decision, we will not travel to that policy decision”, it added.

However, the bench said that no act, proceedings, decision or award of the commission or bench can be invalid merely on the ground of absence or existence of a vacancy or defect in the constitution of the commission or bench.

“In such circumstances without touching the merits of the case and with the consent of the parties on the proposition that regular chairman of NIRC shall be appointed, therefore, we dispose of the petition with direction to the federal government to appoint a regular chairman of NIRC, possessing the qualifications prescribed by the Appointment of Chairman and Members (Qualification) Rules, 2022, within a reasonable period”, it concluded.

Published in Dawn, August 26th, 2026