The federal government has seized the power of the Supreme Court of Pakistan (SCP), the authority to appoint the chairman of the National Industrial Relations Commission (NIRC) and transferred the power from the Chief Justice of the Supreme Court to the federal government. In this connection, the Ministry of Overseas Pakistanis inaudibly amended the rules of the National Industrial Relations Commission. Sources told INP that withdrawing the authority of the Chief Justice of the Supreme Court to appoint the chairman of the NIRC is a violation of the decision of the Supreme Court which was given by the apex court in the case of Riyazul Haque against Federation of Pakistan.

However, the government transferred the power of appointing the chairman of the National Commission for Industrial Relations from the Chief Justice of Pakistan to the federal government After the amendment, the federal government will be able to remove the chairman of the National Commission for Industrial Relations and members without giving a notice of one month to keep control. The Supreme Court had given a decision on January 13, 2013 in case of Riazul Haque vs Federation of Pakistan that the appointment of the chairman of such tribunals and commissions will be carried out in consultation with the Chief Justices of the Supreme Court and High Courts.

Along with this, they should be economically and administratively independent so that the National Commission for Industrial Relations and such tribunals can make decisions independently. The provision to remove the chairman and members of the National Commission for Industrial Relations within 30 days without giving any reason was also included in the rules. Prior to this, according to the old rules, consultation with the Chief Justice was necessary to appoint a chairman and no chairman or member could be removed without giving reasons. According to the new amendment, the federal government itself will appoint the chairman of the National Commission for Industrial Relations, the new amendment. After this, the Federal Government will be able to appoint former and current Judges of the Supreme Court or High Court as Chairman Commission.

According to the new rules, the Chairman and members will be appointed for a period of three years, which will not be extended. The appointment of commission members will be for three years. The Ministry of Overseas Pakistanis and the Federal Minister did not give any kind of position despite repeatedly communicating with them. It should be clear that according to the old rules, the appointment of the chairman of the National Commission for Industrial Relations was first made only by a judge of the Supreme Court. It could only be done in consultation with the Chief Justice, according to the earlier rules, the commission members were appointed for two years.(Muhammad Awais)

Credit: Independent News Pakistan-INP