ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Constitution Petition No.S-09 of 2022

Date of hearing

Order with signature of Judge

Hearing of cases.

1. For orders on office objection at Flag ‘A’.

2. For orders on CMA 23/20222 (Ex)

3. For hearing of main case.

O R D E R.

07.03.2022.

None present of the petitioner.

-.-.-.

On the last dates of hearing of hearing, learned counsel for the petitioner was directed to satisfy the Court about the maintainability of this petition.

2. Today petitioner and his counsel are called absent while Mr. Ghulam Abbass Akhter Advocate files vakalatnama on behalf of respondent No.5 which is taken on record.

3. Learned counsel for respondent No.5 submits that instant petition is not maintainable in view of Section 58 of Industrial Relations Act, 2012 which provides that only an 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 respondent No.5 and have gone through the material available on record.

5. Perusal of record shows that the grievance application filed by the petitioner before the National Industrial Relation Commission Bench at Sukkur, was found to be time barred and the same was dismissed vide order dated 12.11.2021. 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 further 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

Irfan/P.A