| Citation(s) |
|---|
| 1981 SLG 3054 = 1981 SLD 3054 = 1981 SCMR 255 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K-82 of 1979, decided on 10th January, 1981. (On appeal from the judgment and order of the Sind High Court, dated 18-3-1979 in C. P. 136 of 1979).
Presented By: Dorab Patel and Mushtaq Hussain, JJ
Khadim Hussain v. The State 1970 P Cr. L J 56 distinguished. Obaidur Rehman, Advocate and Noor Ahmad Noort, Advocate-on-Record for Petitioner. Noor Muhammad, Advocate and Aziz A. Dastagir, Advocate-on-Record for
Respondents.
Civil Petition for Special Leave to Appeal No. K-82 of 1979, decided on 10th January, 1981. (On appeal from the judgment and order of the Sind High Court, dated 18-3-1979 in C. P. 136 of 1979).
Presented By: Dorab Patel and Mushtaq Hussain, JJ
Khadim Hussain v. The State 1970 P Cr. L J 56 distinguished. Obaidur Rehman, Advocate and Noor Ahmad Noort, Advocate-on-Record for Petitioner. Noor Muhammad, Advocate and Aziz A. Dastagir, Advocate-on-Record for
Respondents.
ATAUR REHMAN-Petitioner
VERSUS
NATIONAL INDUSTRIAL RELATIONS COMMISSION AND OTHERS-Respondents
Law: Industrial Relations Ordinance, (XXIII of 1969)
Section: 53-A, 15
Law: National Industrial Relations Commission (Procedure and Functions) Regulations, 1973
Section: 20
(a) Industrial Relations Ordinance (XXIII of 1969) Ss. 53-A & 15-Petitioner, Secretary of Employees' Union, calling a meeting of Union on penultimate day of calendar year, Management of Bank objecting to same and on persistence of petitioner in calling such meeting, charge-sheeting him for misconduct -Petitioner filing complaint against such order but such complaint dismissed by Chairman, Industrial Relations Commission-Observations of Chairman as to progress of work being likely to be interfered with due to holding of meeting on last working day of calendar year and such meeting could be held after two days as allowed by Management, held, unexceptionable and complaint rightly dismissed.-[Industrial dispute]. (b)National Industrial Relations Commission (Procedure and Functions) Regulation, 1973 Reguln. 20--Procedure-Chairman of Commission not issuing any process to persons complained against and directing them to submit their comments on complaint, comments submitted supported by documentary evidence and Chairman on receipt of such explanation rejecting complaint-Procedure adopted by Chairman, held, quite in accord with provisions of Reguln. 20 and Chairman not bound to issue any summons to person complained against in circumstances. Date of hearing : 19th January, 1981. ORDER DORAB PATEL, J.-The petitioner was employed in Grandlays Bank and claims to be the Secretary-General of the Employees' Union of that Bank. Now, as Secretary-General of his Union, he had, on the 27th of Member, 1976, called a meeting of the Union for the 30th of December, 1976, and for obvious reasons, the Management of the Bank objected to calling of a meeting on the penultimate day of the calendar year. But, as the petitioner persisted in calling his meeting, he was charge-sheeted on the 4th of…