DECISION ' These 22 appeals against the order of the N.I.R.C. Have been filed by the workmen through Mr. Muhammad Shafiq Qureshi, Adcate and similarly three more appeals have been disposed of by the N.I.R.C. Stating that the Commission cannot direct re-instatement of the workers.
2. The facts in brief are that the workers had originally filed grievance petitions under section 25-A of the I.R.O. Before the Labour Court No, 2, Karachi. These grievance petitions were called by the N.I.R.C. From the file of the Labour Court under section 22-A(9)(b) of the I.R.O. On the ground that the case related to unfair labour practice for which the N.I.R.C. Had jurisdiction. After the date of hearing before N.I.R.C. It was found that the petitioners had not filed their personal Affidavits as evidence in support of the petitions. All the cases were, therefore, dismissed on that ground alone, with the result that even the part of the petitions relating to the grievance of the workers filed under section 25-A of the I.R.O. Also stood dismissed. Mr. Muhammad Shafiq Qureshi has accordingly filed appeals against the orders of the N.I.R.C. Before this Tribunal that part of the petitions relating to section 25-A should be referred back to the Labour Court. This Tribunal under section 37(3) of the I.R.O. Has no jurisdiction to hear the appeals from the decision of the N.I.R.C. Therefore, the proper procedure to be adopted in this case was to go before the Full Bench of N.I.R.C. In the first instance.
As Mr. Muhammad Shafiq Qureshi states that he has also filed similar appeals at the same time before the Full Bench of N.I.R.C. By way of precaution, these appeals filed before the Tribunal are accordingly dismissed in limine as being not maintainable.