Case Details

Citation(s)
1983 SLG 1523 1983 SLD 1523 1983 PLC 411
Sindh High Court
Appeal No. 14 of 1976, decided on 15th August, 1982.
ABDUL HAYEE KURESHI C, J AND A. V, AKHUND, J

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M. M.AROOF

VS

MUHAMMADAKRAM AND 2 OTHERS

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ---Ss. 35, 36 & 37-Law Reforms Ordinance (XII of 1972), S. 3 [as .amended vide Law Reforms (Amendment) Act(VI of 1975)]-Trial for offences under Industrial Relations Ordinance, 1969-Decision of Labour Court for taking cognizance-Not open to appeal, review or revision-Decision of Labour Court challenged before High Court in constitutional petition-Order of Single Judge on constitutional petition, held; appealable before Division Bench of High Court. Mirza Ashiq Hussain v. Additional Settlement Commissioner, Lahore, P L D 1977 Lah. 684 ; Malik Ahmed Khan and others v. Iqbal and others 1975 S C M R 275 and Muhammad Ismail v. Mian -Aijaz Ahmed P L D 1971 Lah. 30 ref. (b) Industrial Relations Ordinance (XXIII of 1969)­-- -- S. 13 (b)-Complaint before Labour Court for offences under Industrial Relations Ordinance, 1969-Machinery of , criminal Court can be set in motion by any person unless law specifically bars filing of complaint or imposes a clog--Mere fact that law provides, for a particular authority having powers to prosecute would not operate as an exclusion in regard to institution of criminal proceed­ings at instance of another person- Aggrieved person has a right to invoke jurisdiction-Contention that complaint made by individual unless authorised by Registrar of Trade Unions was not maintainable-Repelled. Hoot Khan and others v. National Industrial Relations Commission P L D 1977 Kar. 145 rel. Shahanshah Hussain for Appellant. Noor Muhammad for Respondents Nos. 1 and 2. Nemo for Respondent No. -3. Date of hearing : 13th August, 1'979. JUDGMENT ABDUL HAYEE KURESHI, C. J.-The present appeal under section 3 of the Law Reforms Ordinance, 1972; has been filed by M. Maroof Ali, working in the National Cement Industries Limited: Karachi, to challenge an order of a learned Single Judge .of the erstwhile High Court of Sind and Baluchistan in Constitutional Petition No. 258;1975, whereby proceedings in a complaint case filed by the appellant against respondents Muhammad Akram and Choudhry Muhammad Younus, before the Labour Court at Karachi, were quashed. We have heard Mr. Shanshah Hussain for appellant M.…
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