ORDER SHEET

HIGH COURT OF SINDH AT KARACHI

C.P.No.D-5841 of 2016

----------------------------------------------------------------------

DATE ORDER WITH SIGNATURE(S) OF JUDGE(S)

----------------------------------------------------------------------

Present:

Mr. Justice Muhammad Ali Mazhar

Mr. Justice Abdul Maalik Gaddi

Bakht Siddique……….......v/s………..Registrar of Trade

Union Pakistan &

others

27-10-2016

Mr.Abdul Ghaffar, Advocate for the Petitioner.

Shaikh Liaquat Hussain, Standing Counsel.

---

Muhammad Ali Mazhar,J. It is inter alia contended that petitioner is employed by Pakistan State Oil Company Limited for last several years and he is also member of respondent No.5 (Union). There was some process for internal election of CBA started in which the petitioner had participated but he has been debarred from contesting internal elections which are going to be held on 28.10.2016. Against the order, the petitioner filed Case No.12(08)/2016-K before the learned Single Member NIRC, Karachi Bench and when this case was taken up for hearing on 17.10.2016 then as an interim measure the learned Bench NIRC directed the respondent Nos.1 and 2 to allow the petitioner to participate in the election process till next date of hearing. When the petitioner approached for the participation he was again denied this right by the respondent Nos.1 and 2. The petitioner filed this petition for the reason that an urgent application was moved before the learned Single Member NIRC, Karachi Bench for the implementation of his own order but he has fixed the case on 3.11.2016.

2. Before us there is no impugned order and in fact the matter is pending in the competent forum. The appropriate remedy is to move again an urgent application before the learned Single Member NIRC, Karachi Bench as the petitioner wants that let the election be held but the result should not be announced till next date. Under the constitutional jurisdiction this court cannot pass any order when the petitioner has availed appropriate remedy in the NIRC and for implementation of NIRC order, the remedy lies in NIRC in the pending case and not in this constitution petition.

3. Learned Standing Counsel waives notice of this petition. Copy of the same has been supplied to him. He submits that some directions may be issued to the petitioner to again move urgent application before learned Single Member NIRC, Karachi Bench. This petition is disposed of accordingly. However, the petitioner is at liberty to move urgent application immediately to the learned Single Member NIRC, Karachi Bench, who is seized of the matter for further appropriate relief and he is the best judge to implement his own order. Pending applications are also disposed of.

Judge