ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Constitution Petition No.D-97 of 2021

Date of hearing

Order with signature of Judge

1. For Orders on office objection.

2. For Orders on CMA No. 3150/2022.

3. For hearing of main case.

O R D E R.

25-02-2022.

Mr. Shahazdo Dreho advocate for petitioner.

Mr. Ghulam Abbas Akhtar advocate for respondent No. 1 to 3.

Mr. Bishar Ahmed Rahoojo, Assistant Attorney General.

AMJAD ALI SAHITO J., Through the instant Constitution Petition, the Petitioner has assailed the order dated 25-02-2021 passed by learned Member National Industrial Relation Commission Bench at Sukkur in statement dated 15-07-2020 filed by the petitioner in grievance application u/s 33 of Industrial Relations Act, 2012, which was dismissed, hence he preferred the instant Petition.

2. Learned counsel for the petitioner submits that this Court has very much jurisdiction to hear and entertain the instant Petition. In support of his contention, he has relied upon cases reported in 2016 SCMR 1087, 2010 CLC 494, 2005 SCMR 126. 2019 PLC (CS) 579 Supreme Court (AJ & K), 2011 YLR 2850 (Lahore), PLD 2008 SC 135, 2004 SCMR 1587, 2015 PLC 166 Lahore, 2015 PLC 158 Sindh, 2012 PLC 236.

3. Learned counsel for the respondent No. 1 to 3 submits that instant Petition is not maintainable in view of section 58 of the Industrial Relations Act, 2012 which provided that only and appeal can be preferred to the Commission under sub-section (1) shall be disposed of by the Full Bench of the Commission of National Industrial Relations; that Section 59 of the said Act provides that No Court shall entertain any plea as to the jurisdiction of the Commission of as the legality or propriety of anything done or purporting to be done by the Commission of any of its Benches, and no order, decision, judgment or sentence of the Commission shall be called in question in any manner, whatsoever, in or before any Court or other authority.

4. I have heard learned counsel for the parties and have gone through the material available on record.

5. Perusal of record shows that the petitioner was serving in Railway Department, but on 05-09-2014, he was dismissed from the service, hence he moved Appeal before the Respondent No.1/General Manager Pakistan Railway Lahore in the year 2014, but the same was rejected by Respondent No.2 on 28-03-2015, thereafter on 04-03-2019 he sent the grievance notice to the respondents No.1 and 2 which was hopelessly time barred. The petitioner filed his grievance Petition on 29-03-2019 before the National Industrial Relation Commission Bench at Sukkur, which was also time barred of about five years. Admittedly section 58 of the Industrial Relations Act, 2012, provides that only an Appeal preferred to the Commission under sub-section (1) shall be disposed of by the Full Bench of the Commission of National Industrial Relations. Section 59 of the Industrial Relations Act, 2012 fur provides that No Court shall entertain any plea as to the jurisdiction of the Commission or as the legality or propriety of anything done or purporting to be done by the Commission of any of its Benches, and no order, decision, judgment or sentence of the Commission shall be called in question in any manner, whatsoever, in or before any Court or other authority.

6. In view of the above, the instant Petition stands dismissed for want of jurisdiction along with pending applications leaving the petitioner at liberty to approach the competent forum having jurisdiction, if so advised.

J U D G E

Nasim/P.A