Case Details

Citation(s)
1973 SLG 3058 = 1973 SLD 3058 = 1973 PLC 392
National Industrial Relations Commission
Case No. 4(38)/73-NlRC, decided on 3rd May 1973.
Presented By: Abdul Hamid Malik, Chairman

Mian BASHIR

VERSUS

Syed FAKIR AYAZUDDIN And 2 OTHERS

Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 15, 53(1-A)

(a) Industrial Relations Ordinance (XXIII of 1969), Ss. 15 & 53(1-A)-Unfair labour practice-penalty-Recruitment of workers during strike-Contravention of provisions of S. 15-Allegation of' recruitment not rebutted by proper evidence - No evidence that of ease committed without knowledge of accused (Directors and Manager of Firm) --- Accused, in circumstances, held, guilty of offence under S 15 and liable to punishment under S 53(1-A). (b) Industrial Relations Ordinance (XXIII of 1969), S. 53 Criminal cases after frame of charge-Cannot be withdrawn by complainant. Complaint male under section.; 15 and 53(1-A) of the industrial Relations O-3irance was sought to be withdrawn by the compliments. Held: Suffice It to say that in criminal cares, where the charge has been framed, the complaint could not be allowed to thwart or impede the curse of justice.                                                                                                               JUDGMENT On 10th February 1973, Mian Bashir, who claims to be the General Secretary of the Union "William Son & Co. Ltd. Workmen Union" lodge: a complaint before the National Industrial Relations Commission alleging therein that Syed Fakir Ayazuddin and Iftikhar Ali, Directors, and Masood Ali Shah, who 'run the management sad administration' of William Son & Co. Ltd. recruited new workers during the period of notice of strike and the currency of the strike, and as such have contravened the provisions of section 15 of the Industrial Relations Ordinance, 1969 and that, therefore, action in accor dance with law be taken against them. 2. The complainant was accordingly examined on 28th February 1973. He categorically deposed that the Union had given a demand notice to the Management under section 26 of the Industrial Relations Ordinance, 1969, and as bilateral negotiations faire; the Union served a notice of…
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