Islamabad: The federal government has terminated the contract of acting Chairman National Industrial Relations Commission (NIRC) Noor Zaman.
According to the document, the Cabinet on the summary of the Ministry of Overseas Pakistanis and Human Resources Development Division terminated the contract of Member NIRC Noor Zaman.
The federal government reappointed Noor Zaman as member NIRC in September 2021 for his third term though his eligibility to be member was challenged in IHC and his term is supposed to complete in September 2023.
Meanwhile, the Ministry of Overseas Pakistan in September 2022 gave charge of Acting chairman NIRC to Noor Zaman after the expiry of the term of former chairman Main Shakir Ullah Jan.
The removal of Member NIRC with the elections of Pakistan Workers Federation as sources said that the department has not stopped the elections on the request of unions.
Meanwhile, the executive body of PWF had also filed no confidence motion against General Secretary Chaudhry Yasin.
Recently, the Ministry of Overseas has transferred the acting chairman/member to Lahore from Islamabad over this matter however Islamabad High Court, while granting the stay, directed the ministry of overseas to withdraw his transfer.
It is pertinent to note that FIA is also investigating alleged corruption cases against Noor zaman and Deputy Registrar Naveed Anwar Khokhar who was also appointed without due qualification and applications against his illegal appointment have also been filed against as member NIRC which is still pending.
According to a video that emerged, the last day labor leaders and workers chanted slogans and abuses against terminated Chairman Noor Zaman and Deputy Registrar Naveed Anwar Khokhar who is allegedly the front man of terminated acting chairman of NIRC, now transferred to Karachi.
Rotten eggs , tomatoes and shoes were thrown over learned chairman Noor zaman.
It also happened earlier that Khokhar was transferred to Karachi and Noor Zaman to Lahore to defuse the intensity of corruption cases and their illegal appointments.
Acting Chairman/ Senior Member NIRC Noor Zaman in his recent order stated that the office has received two notifications no 1(12)/2022-NIRC dated 3/4/2023 issued with the approval of Secretary Ministry of Overseas Pakistanis & HRD Islamabad regarding transfer of two judicial officers of NIRC.
These notifications have been examined in the light of the provisions of Industrial Relations Act 2012 regarding appointment of members and staff of NIRC.
Section 55(1) of IRA 2012 provides that the chairman shall exercise general superintendence over the affairs of NIRC. Section 55 (2) ibid provides that the chairman shall constitute benches of the commision while section 56 ibid provides that the chairman may nominate senior members of NIRC to perform functions of chairman during his absence.
The Chairman NIRC vide standing order dated 9/11/2021 constituted the bench of the undersigned at Islamabad and also assigned the case pertaining to the jurisdiction of NIRC bench at Peshawar.
The chairman vide standing order no 6(01)/2000-Admn dated 30/8/2022 assigned the undersigned the bench to hear and decide the cases pertaining to the registration/cancellation of trade unions, federations and like otherwise, the internal elections amendments in the constitutions and determination of CBA in respect of trade unions and federations and allied matters pending/instituted fresh.
The chairman also nominated the undersigned vide standing order no 6(01)/2000-admn dated September 2, 2022 to perform the functions of chairman during absence of chairman.
Similarly, Abdul Qayyam Khan has been assigned the cases pertaining to the jurisdiction of the benches at NIRC Lahore and Multan vide standing orders dated 14/5/2022 and 30/8/2022 respectively.
It may be seens that the Secretary of the Ministry of OP & HRD has no authority to interfere in Judicial and administrative functions of the commission.
Industrial Relations Act 2012 has not provided any role to the Secretary of the Ministry otherwise the members of the commission have been appointed in BS-21 and Secretary OP&HRD has no authority to transfer an officer of BS-21 of the federal government.
The instant notifications tantamount to constitution and reconstitution of benches for which Secretary OP & HRD has no powers under IRA 2012 therefore, it is direct interference in judicial matters and abuse of proceedings of the benches of the Commission, the affairs and functions of the commission run under IRA 2012.
In view of the above legal provisions of the Industrial Relations Act 2012 notification issued for transfer of members of NIRC and all other orders/notifications issued by the Ministry of Overseas Pakistanis and HRD for transfer of officers and staff of NIRC and constitution of benches is violation of IRA 2012 without authority and void ab initio having no legal value.
It’s not the first time that an acting chairman of NIRC, who is senior Member and Registrar Trade unions, has been accused with vulgar and derogatory remarks in open court but it had happened with the former senior member and RTU Ghulam Nabi Deeshak.
On the other hand , Islamabad Bar Association has the memorable memoir of gracious and magnanimous send off and farewell of former acting chairman Syed Hamid Hussain.
Fingers are still crossed about what will happen with the future of the working class of the 6th largest nation on the globe.
