1. RAZA ALI KHAN, J.---Through this writ petition filed under section 44 of the Azad Jammu and Kashmir Interim Constitution, 1974: following relief is prayed for:
(i) That after issuing the appropriate writ, the order of termination of the petitioner's service No,MAB/443995 dated November 13th, 2017, the show caus e notice issued by respondent vide its office No. HJ/443995 dated 24.08.2017, the decision, judgment and order of respondent No,12 and the Industrial Relations Act, 2017 Azad Jammu and Kashmir as a whole or at least its Sections and Provisions quite repugnant to Constitution as null and void may very kindly be declared to be illegal, unlawful, against the Rules of Natura l Justice, discriminate, arbitrary , fanciful, mala fide, null and void and opposed to the norms of equity , justice and good conscience beside being in violation of the fundamental rights and the principles of good governance as well and to set aside as such, consequently , the petitioner be reinstated in service with all back benefits and to release the arrears of full TA/DA to the petitioner due against the department while in service as per Bank Rules.
(ii) Direction alternatively may very kindly be given to the respondent Government to establish the National Industrial Relations Commission (NIRC) as laid down in section 54 of -the impugned Act and other necessary action as required for the adjudication of case of the employees within a time frame given by the Court in the interest of justice as the Court may deem just and proper by reinstating the opera tion of IRO and in the meantime direction may also be given to respondent No:12 to adjudicate the cases under IRO as was the position before passage of impugned IRA 2017.
(iii) Directions may also be given to the respondents Nos,1 to 11 to observe the law, Rules and Regulation meant for the in-service employees pertaining to the collection of loans to ascertain the mark up on it and refrain to act arbitrarily ,"
2. The learned counsel for the petitioner pressed the petition only to the extent that a direction may be issued to respondents Nos,1, 12 and 13 for constitution of Commission under section 54 of the Industrial Relations Act, 2017 and argued that under section 54 of the Azad Jammu and Kashmir Industrial Relations Act, 2017, a National Industrial Relations Commission was liable to be constituted by the Government but up till now, no Commission has been constituted, therefore, the petitioner has no alternate remedy for redressal of his grievance.
3. The learned Advocates appearing for the respondents submitted that they have no objection if the writ petition is disposed of f with the direction to respondents Nos,1, 12 and 13 for constitution of Commission, as required by law .
4. In view of agreement between the parties the writ petition is admitted for regular hearing. As the respondents have admitted the claim of the petitioner therefore, there is no need to written statement of the respondents. Under section 54 of the Azad Jammu and Kashm ir Industrial Relations Act, 2017, the Govt. shall constitute a commission to perform functions mentioned in Section 55 of the Act. For convenience Section 54 of the Azad Jammu and Kashmir Industrial Relations Act, 2017 is reproduced as under:- "54. Industrial Relations Commission:- (1) The Government shall constitute a National Industrial Relations Commission.
(2) The Commission shall consists of not less than five full time members, including the Chairman.
(3) The qualification for appointment as a member or as the Chairman of the Commission shall be such as may be prescribed.
(4) The Chairman and other members of the Commission shall be appointed by the Government in the prescribed manner .
(5) Two of the members shall be appointed in the prescribed manner to advise the Chairman, one to represent the Employees and the other to represent Trade Unions and the Federations of such trade unions.
(6) The Chairman of the Commission may, in addition to the representatives of Workers appointed to the Commission, co-opt, in cases where he deems it necessary , from amongst Workers belonging to federations, such representatives of W orkers as he may deem fit.
(7) The Worker's representative co-opted under subsection (6) shall be entitled to such honorarium as may be prescribed."
5. Under Section 54 of the Act reproduced above, it was enjoined upon the Government to constitute a Commission to perform functions mentioned in Section 55 of the Act, thus, in view of agreement between the learned counsel for the parties the writ petition stands disposed of with the direction to respondent No,1 to constitute National Industrial Relations Commission as is provided under section 54 of the Act, within a period of 3 months. A copy of the order shall be sent to Chief Secretary Azad Jammu and Kashmir for compliance.