For now, court stops dispute resolution body from working in KESC matters

Lawyer argues that the National Industrial Relations Commission comes under an old law.

KARACHI: Until the next hearing, the Karachi Electricity Supply Company (KESC) has managed to buy some time as a court has restrained a commission that settles disputes between employers and staff from working.

The Sindh High Court’s restraining order concerns the Karachi bench of the National Industrial Relations Commission (NIRC). By relying on changes brought on by devolution, KESC has challenged the commission’s ability to work. It says the commission runs under a law that applies no more - the Industrial Relations Ordinance 2011.

KESC argued that the Industrial Relations Ordinance (IRO) came about in 1969 after which the commission was formed and empowered to settle disputes between employers and employees.

In 2008, the IRO was replaced by the Industrial Relations Act (IRA). But then, the IRA was repealed, as under the 18th Amendment, a number of departments and their powers were transferred to the provinces from the control of the federal government.

KESC further argued that the federal government could not make laws on residual subjects. It also pointed out that while Punjab, Balochistan and Khyber Pukhtunkhwa made laws after the IRA was repealed, Sindh did not. Instead, it adopted the repealed IRA, said KESC, adding that the commission could not legally function in Sindh after the 18th Amendment.

KESC’s lawyer heavily relied on a judgment of the Supreme Court in a case involving PIA. He maintained that the commission stands abolished and all cases pending before it also stand abated. The IRA was now limited only to the Islamabad Capital Territory, he submitted.

The court was requested to declare that the federal government has no authority to make and promulgate laws on departments that it has transferred to the provinces, to declare that IRO promulgated by the Sindh government without any authority.

In another appeal, KESC’s lawyer requested for IRO 2008 to be declared to be limited to the Islamabad Capital Territory only. He requested the court to restrain the commission from working, or passing any orders against KESC or its officers.

After hearing the initial arguments by KESC’s counsel, the bench issued notices for February 13 and ordered for the status quo to be upheld till the next hearing. The notices will go to the federal law secretary, chief secretary of Sindh and the NIRC bench at Karachi.

Published in The Express Tribune, January 20^th, 2012.