Athar Minallah, C.J. Through this petition, the petitioner has assailed order , dated 30-06-2021, passed by the learned single Member of the National Industrial Relations Commission.
2. The learned counsel has contended that the appeal has been filed and is pending before the Commission, however , because of non-availability of a Full Bench, the writ jurisdiction of this Court has been invoked.
3. The learned counsel has been heard at length but could not persuade this Court that urgency exists so as to entertain the constitutional petition. It would be appropriate not to make any observation regarding the merits of the case, lest it may prejudice the appeal preferred by the petitioner. The learned counsel has contended that earlier order, dated 15-10-2020, was obtained through misrepresentation and fraud. This raises a disputed question of fact, which cannot be adjudicated while exercising extra ordinary jurisdiction under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973. The appeal of the petitioner is pending and there is no urgency necessitating exercise of jurisdiction under Article 199 of the Constitution.
4. For the above reasons, this petition is not maintainable and, therefore, accordingly dismissed in limine.