Law:

Section:

Industrial Relations Ordinance (XXHI of 1969)- -- S.13(6)-Filing a criminal complaint --Whether competent by individual without authorization by Registrar Trade Union. Question was whether a complaint regarding unfair labour practice could be filed by an individual without having been authorised by Registrar Trade Unions. Held: An ordinary reading of section 13 of Industrial Relations Ordinance, 1969 reveals that it is only the Registrar of Trade Unions who has been solely entrusted with the function of lodging or authorising any person to lodge any criminal complaint in the Labour Court under the provisions of the I. R. O. 1969. He is the person who in the first instance is to look into the desirability of filing a complaint against any person. No doubt, the filing of a complaint under different penal provisions of I. R. O., 1969, does involve certain pre-considerations to prima facie determine the genuineness of a complaint. Under the scheme of the enactment unfair labour practice is one of the serious criminal offences calling for a punitive deterrent for those who are found guilty of unfair labour practice in the industrial sphere. At the same time as unfair labour practice can very easily be alleged against any person at any time without the least consideration of the importance of its engagements of his social or official status. So an accused person can immediately be summoned by the Court to answer the charge either on the self-statement of the complaint in most cases or by virtue of some additional oral evidence of routine. The law appears to have wisely put in the check against the indiscriminate allegations calling for punitive action and the matter of filing complaints has been specifically made a function of the Registrar who has to go through the pre-considerations of making out a genuine and consistent case against the, person accused of a punishable conduct. The vary heading of the section gives out the impression that the filing of the complaints under the I. R. O., 1969, has precisely been made a function of the Registrar of Trade Unions and not the option of an aggrieved person by directly taking the matter to the Court without first being…

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