1. ORDER SAYED ZAHID HUSSAIN, J.-- After a round of litigation upto this Court earlier. Repatriation order was sought to be assailed by respondent No. 2 through a petition under Section 22 of Industrial Relations Ordinance before National Industrial Relations Commission. By order dated 23.6.1997 the learned Member of the Commission ordered the suspension of the said order. For the developments which took place later on, the respondent was relieved by the petitioner vide order dated 10.9.1998. He then filed contempt petition before N.I.R.C, when on 23.9.1998 a learned Member of the Commission passed order suspending the operation of above order dated 10.9.1998. These orders were challenged through this petition by the petitioner inter alia bn the ground that respondent No. 2 being a civil servant could not have resorted to any remedy before National Industrial Relations Commission. While admitting the writ petition to regular hearing, the operation of the impugned order passed by N.I.R.C, (dated 23.9.1998) was suspended.
2. Learned counsel appearing for respondent No. 2 submits that the said respondent has taken away the brief from him and has since long not imparted any instructions to him.
3. The lack of interest by respondent No. 2 is quite understandable in view of the facts and circumstances of the case inasmuch as the order passed by N.I.R.C, was suspended by this Court on 29.7.1999. As a result whereof, order passed by the Department received and took effect. Be that as it may, the assumption of jurisdiction by respondent No. 1 in a matter to which the jurisdiction of the Service Tribunal extended under Section 4 of Punjab Service Tribunal Act, 1974 stood ousted in terms of Article 212(2) of the Constitution of Islamic Republic of Pakistan, 1973. The assumption of jurisdiction of respondent No. 1 was wholly illegal and unwarranted.
4. As a result whereof, the petition is accepted. No order as to costs.