Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- -- S. 15(e)-Complaint-Unfair labour practice-Prosecution failing to make out case-Complaint nothing short of misuse of process of law-Accused discharged. Malik Muhammad Saeed for the Complainant. S. M. Sated for the Accused. ORDER This criminal complaint filed under section 15(e) of the Industrial Relations Ordinance, 1969 by President of Norwich Union Pakistan Staff Association has been assigned to this Court by National Industrial Relations Commission by Order dated 30.4-75 for disposal. On receipt of this complaint, preliminary enquiry was held after notice to the accused and on taking cognizance of this complaint, prosecution evidence was recorded. In support of its case, the Association examined its President Javed Iqbal, Abdul Razzak, Akhtar Hussain, Shah Zaman, Muhammad Rafique and Sial Gul and closed its side on 9-9-1975. The Prosecution has also produced some documents and so some documents were also produced by the Accused in cross-examination. After closing of the evidence of the prosecution, statement of Accused was recorded under section 342, Cr. P. C. but he denied all the allegations levelled against him and professed his innocence. I have also heard Malik Muhammad Saeed for the Complainant and Mr. S. M. Saied for the accused. The Complainant's allegation only is that the Accused pursuaded the members of the Association to resign from the Complainant's Association and so he has committed unfair labour practice. In this Court, however, the prosecution has made series of allegations against the Accused and/or the Management of Norwich Union Insurance Company and in this way the Complainant has set up absolutely a new case in the evidence to the utter surprise of the Accused. In my humble view, this is not warranted by Law as, according to the settled principles of Criminal Law, accused cannot be taken by surprise. I have now to see as to whether the complainant has made out a case where a charge could be framed against the accused. As I have stated herein, above, the only allegation of the complainant is that the accused has been pursuading its members to resign from the Association. The President of…

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