Law:

Section:

(a) Industrial Relations Ordinance, (XXVIII of 1969)- -- S. 16(1)(d) read with Ss. 53(2), 13(c) & 22-At8Xf), (9)(a)-Unfair labour practice on part of workmen-Offence under S. 53(2) read with S. 16, held, within jurisdiction of Commission-Commission empowered to try such offence on complaint of a party. (b) Constitution of Pakistan (1973)- -- Art. 13(a) and Criminal Procedure Code (V of 1898), S. 403­Double jeopardy, rule of-Provisions of S. 403, Cr. P. C. substan­tially different from provision of Art. 13(a) of Constitution-Expres­sion "same offence".-Meaning-Test for "same offence"-Facts constituting former offence must be sufficient to justify conviction for offence subsequently charged-Prosecution must be before a Court having jurisdiction to try both offences. The provisions of section 403, Cr. P. C., are substantially different from the provisions contained in Article 13 (a) of the Constitution. Sub­section (1) of section 403, Cr. P. C. not only bars subsequent trial of a person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted for the same offence but further bars his trial on the same facts for any other offence for which a different charge from the one made against him might have been framed under section 236, or for which he might have been convicted under section 237. It will thus be seen that an extended meaning has been given to "same offence" by including within its fold other offences for which, on the same facts, a charge under section 236 might have been framed or a conviction may have been recorded under section 237. The bar in the Constitution, however, is against prosecution or punishment for the same offence for which a person has been previously tried or convicted. No extended meaning of 'same offence', as in section 403, Cr. P. C., thus can be given to this expression as used in the Constitution. The test for the 'same offence is whether the former offence and the offence subsequently charged have the same ingredients in the sense that the facts constituting the one are sufficient to justify the conviction of the other, not that the facts relied on by the prosecution are the same at…

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