The issue was taken up in a cabinet meeting held on May 8. During the course of discussion, the cabinet was informed that the federal government had notified Chairman and Members (Qualifications) Rules 2016. Accordingly, in consultation with the chief justice of Pakistan (CJP), a former judge of the Supreme Court, Shakirullah Jan, was hired as NIRC chairman for two years which would end on September 6, 2018.
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Meeting participants noted that the chief justice had recommended a two-year extension in tenure of the NIRC chief. In this regard, a summary, prepared by the Overseas Pakistanis and Human Resource Development Division, was also presented to the cabinet.
It was argued that the case for contract extension had been sent to the cabinet in haste before the 90-day deadline given in a letter of the Cabinet Division. Furthermore, it was feared that the matter would set a bad precedent for other ministries and divisions.
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Consequently, the cabinet refused to give the contract extension on legal grounds. Besides the chairman, the government had appointed some new members of the commission in October last year to make it fully functional.
Punjab had a dominating position with the hiring of the new members, which may give it a greater say in affairs of the commission compared to other provinces. Punjab got 50% representation with three seats whereas other provinces got one seat each.
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NIRC was established under Section 53 of the Industrial Relations Act 2012. Its functions include adjudication of industrial disputes, registration of trade unions, determination of collective bargaining agents, dealing with unfair labour practices and addressing individual grievances in all four provinces as well as Islamabad Capital Territory.
Published in The Express Tribune, May 20th, 2018.
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