Law:

Section:

1976 P L C 710 [National Industrial Relations Commission] Present: Mamoon A. Kazi, Senior Member S. M. MASOODUL HAQ ASKARI, MANAGER, INDUS JUTE MILLS LTD., GHARO Versus HOOT KHAN AND 5 OTHERS Case No. 4(414) of 1975, decided on 10th July 1976. Industrial Relations Ordinance (XXIII of 1969)- 5. 53 read with General Clauses Act (X of 1897), S. 3(26)-Penalties for unfair labour practices - Word "imprisonment" in S. 53 of industrial Relations Ordinance, 1969-Means imprisonment of either description i.e. rigorous or otherwise-Workers gharaoing, manhandl­ing and beating Mills Manager while pressing demands-Found guilty of contravention of S. 16(1') (d) of Industrial Relations Ordi­nance, 1969-Sentenced to R. I. for one month-Industrial Relations Ordinance (XXIII of 1969), S. 16(1) (d). Zamirul Hassan for the Complainant. S. P. Lodhi for Respondents Nos. 1, 2 and 3. Kalimullah Khan for Respondents Nos. 4, 5 and 6. Date of hearing : 8th May 1976. JUDGMENT The accused stand charged for committing unfair labour practice. 2. The case of the prosecution as stated by the complainant P.W. 1, is as follows: Indus Jute Mills Gharo had employed about thirteen to fourteen hundred workers. There were three registered Trade Unions of workers of which "Mazdoor Union was the Collective Bargaining Agent. Qayyum Shah accused No. 3), Imam Bakhah (accused No. 4), Ali Sher (accused No. 5) and Muhammad Shoaib (accused No. 6) were the President, General Secretary, Joint Secretary and Propoganda Secretary, respectively of the C. B. A. Union. During the rainy season the Mills used to provide plastic sheets to all those workers living in "katcba" houses and "juggies" for covering their roofs. On the morning of 21st August, 1975, when Masoodul Haq Askari PW-1, Manager of the Mills was present in his once, all the accused persons, accompanied by other workers of the Mills came in mob to his office and demanded plastic sheets for all the workers, including even those living in "pacca" houses and outside the Mills, colony. The Manager PW-1, showed his inability to accept their demand, with the result that the accused became unruly and started using violence against him. Hoot Khan (accused No. 1)…

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