FCC confirms NIRC can remand trade union cases under law
A two-judge bench held that sending a trade-union constitution dispute back for a fresh hearing falls within the Full Bench’s incidental appellate powers under the 2012 industrial relations law.
The Federal Constitutional Court held that the NIRC Full Bench may remand matters for a fresh decision under Section 58 of the Industrial Relations Act, 2012.
The dispute began when amendments to Articles 1 and 11 of the NBP Workers Welfare Union (Punjab-Islamabad CBU) constitution were approved on 19 December 2023.
On 1 July 2024 the NIRC set aside that approval and sent the matter back so all stakeholders could be heard.
The Islamabad High Court dismissed challenges to the remand on 6 May 2026; the FCC found no jurisdictional defect in the NIRC order.
The FCC said the remand cured procedure and did not decide the rival claims on their merits.