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Petitioner: M/s Dewan Cement Ltd VS Respondent: Full Bench of National Industrial Relations Commission and others
Court Name: Islamabad High Court Judge(s): Miangul Hassan Aurangzeb Title:M/s Dewan Cement Ltd vs Full Bench of National Industrial Relations
Commission and others Case No.: W.P. No.2675 of 2021 Date of Judgment:2021-09-21 Reported As: 2021 IHC 282 Result: Petition dismissed Judgment ORDER Through the instant writ petition, the petitioner, M/s Dewan Cement Ltd., had impugned the order dated 02.04.2021 passed by the learned Member, National Industrial Relations Commission ("N.I.R.C."), whereby the grievance petition filed by respondents No. 3 to 5 was allowed, and the petitioner was directed to reinstate the said respondents in service with full back benefits. 2. The petitioner had challenged the said order dated 02.04.2021 before the learned Full Bench, N.I.R.C. Since the learned Full Bench, N.I.R.C. was not functional at Islamabad to take up the petitioner's appeal for hearing, the petitioner challenged the said order dated 02.04.2021 in the instant petition. 3. Vide ad-interim order dated 27.07.2021, this Court had granted interim relief to the petitioner by suspending the operation of the learned Member , N.I.R.C.' s order dated 02.04.2021. 4. Learned counsel for the contesting parties are in unison on their submission that the learned Full Bench, N.I.R.C. is now functional at Islamabad to take up the petitioner's appeal for hearing. In this view of the matter , no further proceedings in this petition are necessary . 5. Since the petitioner has already availed the alternative remedy of filing an appeal against the learned Member, N.I.R.C.'s order dated 02.04.2021, the instant petition is dismissed. However, the operation of the interim order dated 27.07.2021 shall continue for a period of two weeks only i.e. upto 05.10.2021 or until the petitioner's appeal is fixed for hearing, whichever is earlier.