PAKISTAN STEEL MILLS LTD., KARACHI Versus MUHAMMAD AZHAR PAKISTAN T&T ALL STAFF UNION N.I.R.C. Muhammad Nawaz Abbasi, Advocate Supreme Court and Ch. Akhtar Ali , Imtiaz M. Khan
This matter concerns a long-standing industrial dispute involving Pakistan Steel Mills Ltd. and the Pakistan T&T All Staff Union, which had been pending for approximately 15 years due to procedural delays and the failure to conduct a referendum. The core legal question before the Supreme Court was how to resolve the persistent non-compliance with a previous High Court remand order dated 7-3-1989, which required the National Industrial Relations Commission (N.I.R.C.) to determine the locus standi of a representative, Mr. N.A. Baqi Khan, before proceeding with the appeal on its merits. The Supreme Court, noting that the appeal had been repeatedly dismissed for non-prosecution, exercised its authority to ensure the finality of the proceedings. The Court held that a Full Bench of the N.I.R.C. must hear the matter in accordance with the original remand order, mandating a final determination on the locus standi issue regardless of the representative's attendance. The Court established the principle that judicial and quasi-judicial bodies must prioritize the final disposal of long-pending litigation over procedural dismissals for non-prosecution, directing day-to-day hearings if necessary to conclude the matter.
- Can a quasi-judicial body be directed to decide a matter on its merits regardless of the non-appearance of a party's representative?
- Is it permissible for a court to mandate day-to-day hearings to ensure the final disposal of a long-pending industrial dispute?
- Does a remand order requiring the determination of locus standi preclude the dismissal of an appeal for non-prosecution?
ORDER
1. SAJJAD ALI SHAH, C.J: ‑‑ It appears from the record that an order dated 7‑3‑1989 in Civil Petition D‑350 of 1983 was passed by the High Court remanding the case to N.I.R.C. for decision of the appeal on merits after deciding the question of locus standi of Mr. NA. Baqi Khan providing him opportunity to show as to how he could represent a union, by producing evidence. The other side was also directed to rebut such evidence if so wished. The older of remand has not been complied with and after that on two occasions the appeal has been dismissed for non‑prosecution on account of failure of Mr. MA. Baqi Khan to put in his appearance at the time of hearing. Grievance is made before us that with the prolongation of litigation, the referendum has not been held for last about 15 years. All the learned counsel appearing in these appeals have consented to the following order:‑‑
2. "Full Bench of three members of N.I.R.C. shall hear the matter in terms of the Order of remand dated 7‑3‑1989 passed by the High Court as mentioned above. For that purpose the date of hearing before N.I.R.C. is fixed as 4‑1‑1995. It is directed that question of locus standi shall be determined finally regardless of the fact that whether Mr. Baqi Khan appears or not, represented or not at the time of hearing. It is expected that the matter is to be disposed of as per remand order and shall not be dismissed for non‑prosecution. If need be the hearing shall be taken in hand day‑to‑day till the matter is finally disposed of."
3. The appeals stand disposed of in the terms indicated above.
4. AA./P‑252/S Order accordingly.