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1976 P L C 828 [IIIrd Labour Court Punjab] Present: Saeed Ahmad, Presiding Officer MUHAMMAD DIN AND 4 OTHERS versus UNITED COTTON MILLS, JAUHARABAD Appeals Nos. 34 to 39 of 1973 and 366 to 368 of 1974, decided on 30th January 1975. (a) Industrial Relations Ordinance (XXIII of 1969)---- ---S. 47-Dismissal of office-bearer of Union-Strike notice served by Union other than Collective Bargaining Agent -Contention that after issuance of such notice and during conciliation proceedings office ­bearers of such Union could not be dismissed without permission .under S. 47-Held, without force. (b) Industrial dispute---- ----Domestic enquiry-Dismissal order withdrawn due to defects in inquiry-Holding of fresh inquiry, in circumstances, held, not objec­tionable and not hit by principle of "autre fois convict"----Such fresh inquiry, held, would in fact be in continuance of previous enquiry and not a second trial. Ghulam Qadir Cheema for Appellant. Khalid Farook Qureshi for Respondent. JUDGMENT This will dispose of five appeals Nos. 32/73-368/74, 35/73-366/74, 37/73, 38/ 73 and 39/73-367/74. They were accepted by my learned predecessor on 2nd August 1973. The appellants namely, Muhammad Din, Muhammad Amir, Muhammad Akram, Ghiasuddin and Wahab Hussain, were ordered to be re-instated. The employer namely, United Cotton Mills, Jauharabad, fled a writ petition which was accepted by the High Court and the appeals were remanded for fresh decision. The facts in all the five appeals are identical. The same question of law and fact are involved in them therefore they are taken together. On the night between 22nd and 23rd December 1972, one Muhammad Suleman a Jobber was murdered in the premises of the Mills namely; United Cotton Mills, Jauharabad. Due to this incident, the workers went on strike. The establishment remained close from 23-12-1972 to 26-12-1972. The Management was of the view that all the five appellants namely; Muhammad Din, Muhammad Amir, Muhammad Aslam, Ghiasuddin and Wahab Hussain were responsible for the illegal strike. These workers were charge-sheeted on 26th December 1972. The charge against them was that they were guilty of striking work and inciting to strike in…

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