Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969) ----Ss. 16(1) (d), (e) & 53-Accused locking mills Manger on his refusal to accept demand of encashment of unavailed annual earned leave-Manager rescued by Police-Accused re-sorting to gherao Police as well-Conviction and sentence imposed on accused against whom prosecution case established by evidence---Sentence of six months' R. I. with fine of Rs. 25.E and in default of payment of fine to further R. I. for three months imposed-Accused (office-bearer of Union) further directed to cease holding of Union office and also disqualified for office in any Trade Union during immediately succeeding Term. (b) Industrial Relations Ordinance (XXIII of 1969)- --- Ss. 16 & 53-Complaint-Complainant making baseless statement before Commission-Commission taking strong exception-Complainant warned to be careful in future. Maulvi Sirajul Haq with Muhammad Afzal Siddiqui for the Complainant. Muhammad Afzal Khan Bangesh for Respondent. JUDGMENT On 27th December 1974, Muhammad Amin, Proprietor, Taj Silk Mills, Rahimabad, Mingora (Swat) filed a complaint with the Commission under section 16/53 of the Industrial Relations Ordinance, 1969 against the 5 accused whose names are noted above. It was alleged therein that the workers of Taj Silk Mills have formed a Union under the name and style of Taj Silk Mills Mazdoor Union which is affiliated to the Mazdoor Rabita Committee of which Shah Jehan Khan (accused No. 1) is the President. It was also mentioned therein that on 21st December 1974 the accused demand payment of 14 days annual unavailed earned leave and on the refusal by the Manager, Muhammad Yaqoob they locked the gate of the Factory and thereafter confined him (Muhammad Yaqoob Manager) and Ahmad Bashir Supervisor in a room. Lastly it was stated that they were rescued through the efforts of the Police. However, the workers commenced strike which was continuing. 2. On the same day (27-12-1974) the preliminary statement of the complainant was recorded. Notices were issued to the accused to appear before the Commission to rebut the allegation made by the complainant. A prohibitory order was also issued to the accused to call…

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