Case Details

Citation(s)
1978 SLG 1072 1978 SLD 1072 1978 PLC 335
National Industrial Relations Commission
Case No. 4(38) of 1977, decided on 18th August 1977
ATAULLAH SAJJAD, CHAIRMAN

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ALI AHMED

VS

EMPLOYEES UNION, M. M. 1SPAHANI TEA LTD., RAWALPINDI AND OTHERS

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969) -- Ss. 22-A (8) (f ) 8c 53-Commission, held, a Court of criminal jurisdiction. (b) Industrial Relations Ordinance (XXIII of 1969) -- S. 22-A read with Criminal Procedure Code (V of 1898), S. 476­Filing of false affidavit before Commission in a criminal matter ­Accused holding a responsible poet filing apology, asking for locus penitential and stating that he was misled and was repentant and seeking to be forgiven-Accused let off with a reprimand and proceedings dropped. Haji Sheikh Manzoor Ellahi v. Sheikh Abu Bakr 1971 P Cr. L J 1021 and Alhaj Ali Mohammad Akanda v. The State P L D 1963 Dacca 166 ref Kh. Mohammad Farooque for Respondent. ORDER The present respondent had filed a Complaint No. (4(16)/77) under section 16(1) (d) of the Industrial Relations Ordinance, 1969. This complaint was pending before Mr. Masud Afzal Khan, Member IV of this Commission. 2. The respondent Ali Ahmed filed an application for transfer of the case to some other Bench of the National Industrial Relations Commission on 9-6-1977 on the allegation that when the charge was framed against the accused, the learned Member himself directly dictated the answers to the questions while the accused remained quiet and did not themselves say anything in reply to the charge. The answers, according to the complainant, who is now respondent before me, were dictated with an intention to damage his cave as they contained counter-allegations. The other allegation was that on one of the dates of hearing the complainant did not receive proper treatment at the hands of the learned Member in the presence of the accused who were given more favourable treatment. These allegations made in the application for transfer were supported by an affidavit sworn by the respondent. 3. When the case came upon for preliminary hearing on 9-7-1977, I called for the comments of the learned Member and also observed that the allegation of lack of proper treatment contained in para. 10 was vague and might be supplemented by fuller details if the petitioner was so advised. 4. The learned Member denied these allegations and said that literal translation, of what the accused…
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