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Case No. 7(14) of 1978, decided on 3rd April 1978.
-----S. 22‑A‑‑Powers of Industrial Relations Commission‑Withdrawal of case from Labour Court for disposal by Commission.
It was prayed and pleaded that a complaint regarding unfair labour practice filed and pending before the Labour Court be withdrawn by the National Industrial Relations Commission to itself and the Commission was competent to do so by virtue of S. 22‑A(9) (b) of the industrial Relations Ordinance, 1969.
Held : It is inherent in the scheme of section 22‑A of the Industrial Relations Ordinance, 1969, that while describing the manner of dealing with a case of unfair labour practice of which the Commission is seized, sub section (10) empowers the Commission to refer the case to a Labour Court for disposal, and it is only in the matter of such a case of which the Commis sion is seized and which it has referred to a Labour Court for disposal, that the provisions of clause (b) of subsection (9), can be invoked by the Commis sion to recall that case and itself deal with it. In the instant case, the com plaint was directly filed before the Labour Court, and the Commission was at no stage seized of it, and as such the Commission is not competent to withdraw it from the Labour Court.
M. Sadiq Dar for Applicant.
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