M/s K-Electric (Petitioner) VS Anwar Hussain and Ors (Respondent)

Order Sheet

IN THE HIGH COURT OF SINDH KARACHI

Before:

Mr. Justice Adnan-ul-Karim Memon Justice Mrs.Kausar Sultana Hussain

Constitutional Petition No. D –5577 of 2020 M/s K-Electric Limited Versus Amjad Khan and 49 others

Constitutional Petition No. D –5578 of 2020 M/s K-Electric Limited Versus Anwar Hussain and 07 others

Constitutional Petition No. D –5579 of 2020 M/s K-Electric Limited Versus Shah Muhammad Khan and 02 others

Constitutional Petition No. D –5580 of 2020 M/s K-Electric Limited Versus Javed Akhtar and 02 others

Date of hearing & order : 22.12.2020

Mr. Ayan Memon, advocate for the petitioner in all petitions. Mr. Jamal Bukhari, advocate for respondent 1 to 6 in C.P No.D-5577 / 2020 and for respondents 1, 3, 5 and 6 in C.P No.D-5578 of 2020

ORDER

ADNAN-UL-KARIM MEMON, J. Through the captioned petitions, Petitioner-K- Electric, Limited assailed the order dated 03.09.2020 passed by the learned Single Member of National Industrial Relations Commission (NIRC).

2.The case of the petitioner-company is that private respondents had challenged their termination before the learned Single Member of NIRC vide impugned order dated 03.09.2020, and their applications were disposed of by holding that their retrenchment with effect from the year 2012 by the petitioner- company was illegal. The aforesaid order has been challenged by the petitioner before the Full Bench of NIRC but their appeal and stay application filed therein could not be taken up, compelling them to approach this Court.

C.P. No. D-5577 of 2020 and other connected petitions

3.Keeping in view the anxiety of the petitioner-company on the issue involved in the matter and urgency shown by them, this Court vide order dated 06.11.2020 issued notice to the respondents and in the meanwhile operation of the impugned order dated 03.09.2020 was suspended till the availability of the learned Full Bench of NIRC at Karachi.

4.Again this matter was taken up on 25.11.2020, and it was stated on behalf of the petitioner-company that the appeal and stay application filed by the company before the learned Full Bench of NIRC could not be taken up due to certain reasons, in the circumstances of the case, we extended the operation of the interim order passed earlier as discussed supra and adjourned the matter for 10.12.2020 and in the meanwhile, directed the learned Full Bench of NIRC to hear the petitioner’s stay application and adjourned the matter for today.

5.Today, learned counsel for the petitioner candidly conceded that the learned Full Bench of NIRC complied with the directions of this Court and heard the stay application, however, only notice was issued and matte was adjourned.

6.If this being the position of the case, in our view the purpose of filing these petitions has been served, which are accordingly disposed of with no order as to costs.

JUDGE

JUDGE

Shahzad*

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