National Industrial Relations Commission (NIRC) Peshawar Suspends Order Canceling 20% Employee Sons’ Quota for Recruitment:

NIRC Takes Up Case on Employees’ Sons’ Recruitment Quota:

The National Industrial Relations Commission (NIRC) Peshawar has admitted a petition challenging the recent cancellation of the 20% recruitment quota for employees’ sons. The case, filed under Section 60 of the Industrial Relations Act (IRA) 2012, was brought forth by the All Pakistan WAPDA Hydro Electric Workers Union (APWHEWU) against the Federation of Pakistan.

The petition argues that the recruitment quota was previously agreed upon and implemented but was unilaterally withdrawn by the respondents, citing a Supreme Court judgment in CP No. 3390 of 2021 dated 26.09.2024. The petitioners contend that the cancellation violates Section 50(2) of the IRA 2012, which mandates that such settlements remain binding unless terminated through proper legal procedures.

The NIRC has suspended the operation of the impugned order and issued a notice to the respondents for 07.04.2025. The legal dispute now awaits further hearing, which will determine whether the recruitment quota policy will be reinstated or permanently abolished.

NATIONAL INDUSTRIAL RELATIONS COMMISSION ISLAMABAD
BENCH OFFICE AT, PESHAWAR

BEFORE:              MR. MUHAMMAD ZUBAIR KHAN, LEARNED MEMBER

4B(22)2025-p
24B(20)2025-P

ORDER                                                                        APWHEWU                                                Vs                                                   Federation of Pakistan etc

03.03.2025

Petitioner with Counsel present, submitted Petition under section 60 of Industrial Relations Act, 2012, contending that an agreement arrived between the Petitioner and the Respondents for recruitment of employees’ sons @ 20%, which was acted upon. Recently on the strength of Judgment of Supreme Court in CP No. 3390 of 2021 dated 26.09.2024, the Respondents cancelled the quota for recruitment of Employee’s sons, further contending that under section 49 of IRA, 2012, the settlement arrived between the parties are binding and under section 50 (2) settlement agreed upon by the parties are binding and continued after the expiry of the aforesaid period until either party Informs the other party, in writing, of its intention of no longer to be bound by the settlement. Further contends that the settlement cannot be withdrawn without applying the sub-section 2 of section 50 of IRA, 2012 and the Respondents violated the express provisions of IRA, 2012 by unilaterally withdrawing from the settlement. In the light of contentions raised by the Petitioner, this Petition is admitted for hearing. Notice be given to the Respondent for 07.04.2025.

CMA 248(20)2025-P

The Petitioner also annexed the Application for suspension of the Impugned Order, on the ground mentioned therein. The Notice of which is given to the Respondents and in the meantime operation of the Impugned Order is suspended till date fixed.

Member National Industrial Relations
Commission, Peshawar
9212082

Implications of the NIRC Decision on Employees’ Rights:

The NIRC’s intervention in this case highlights the legal complexities surrounding labor rights and recruitment policies. The suspension of the order provides temporary relief to employees advocating for the restoration of their agreed-upon hiring rights. However, the final decision on the quota’s legality will depend on the outcome of the next hearing scheduled for 07.04.2025.

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