Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 16(d)

Keywords: Payment, Functions, Commission, Conviction, Petitioner, Grounds, Imprisonment, Constitution Of Pakistan, Management, Intimidation, Costs, Chairman, Property, Evidence, Set Aside, Proceeds, Jurisdiction, Recording, Office, Constitution, Provisions, Proceedings, Practice, Language, Prosecution, Coercion, Labour Court, Recording Evidence, Operative Part Of The Judgment, Division, Consideration, Violation, Petition, Order, Fine, Manager, Guilty Result: Petition dismissed JUDGMENT MUHAMMAD HALEGM, J.-By this petition, the petitioner has assailed the conviction of Saeed Khan, Vice-President of the United Carpet Workers' Union under section 16 (d) read with section 53 (1) of the Industrial Relations Ordinance, 1909, and sentence of 18 months' rigorous imprisonment and fine of Rs. 500, or in default of payment to suffer/ further rigorous imprisonment for six months recorded by the Chairman, National/ Industrial Relations Commission vide judgment dated 11th May 1974./ /2. Briefly stated, the facts are that respondent No. 1, who is the Manager of the United /Carpets Limited, filed a complaint on 18th August 1973 before the Chairman, National Industrial Relations Commission hereinafter referred to as the Chairman, alleging that Saeed Khan along with four other office-bearers of the Union had, with a view to compel the Manangement to accept the settlement, indulged in acts of intimidation and coercion and in furtherance of it damaged the property, the stock in trade arid the machinery, which are sufficiently described in the judgment by the Chairman. After holding a preliminary inquiry the Chairman reached a prima fade conclusion that the complainant had made out a case for the prosecution of Saeed Khan and otters under section 16 (d) of the Industrial Relations Ordinance. He, therefore, tried them and after recording evidence reached the conclusion that it was Saeed Khan alone who was guilty for having contraven ed the provisions of section 16 (d) of the Industrial Relations Ordinance, 1969 and he convicted him under section 53 (1) of the said Ordinance as aforestated. No appeal was filed although it is provided by subsection (9) of stction 22-D of the…

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