Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)­ -- Ss. 15(1)(h), 22-A, 53(1-A) & 64-Unfair labour practice-Complaints for- Jurisdiction of Labour Court-Barred to try offences falling within meaning of S. 53(1-A) unless so authorised by a special or general order of National Industrial Relations Commission except those covered by subsections (1) & (5) of S. 53-Labour Court entertaining complaint under S. 15(h) read with S. 53(1-A) on allegation that accused made new recruitment during period of strike notice and by taking cognizance ordering issue of process against accused-Such action of Labour Court without any authority from National Industrial Relations Commission, in circumstances, quashed by Appellate Tribunal in suo motu revision-Industrial Relations Ordinance (XXIII of 1969), S. 38(3-a). Wasi Ahmed for Applicant. Respondent in person. Date of hearing : 26th January, 1984. ORDER The facts leading up to this revision petition are that the respondent Mashoodul Hassan, a workman in Metro Garments Industries, Karachi, filed a criminal complaint before Sind Labour Court No. III at Karachi under section 15(h) read with section 53(1-a), 1. R. O., 1969, against peti­tioner Zaheeruddin and his five other co-accused, the partners and officers working in the establishment. Mashoodul Hassan alleged that they had recruited new workmen during the period of notice of strike in contraven­tion of clause (1)(h) of section 15 punishable under section 53(1-A), I. R. O. The learned Labour Court took cognizance of the offence, recorded state­ment under section 200, C. P. C. and issued process against petitioner Zaheeruddin and his co-accused. The petitioner, Zaheeruddin, the Factory Manager made an application by way of an information for sun motu action under section 38(3-a) I. R. O., to this Tribunal. The petition was registered as sun motu revision and notices were issued to the parties. 2. I have heard Mr. Wasi Ahmed, appearing on behalf of the peti­tioner and the respondent Mashoodul Hassan in person. Mr. Wasi Ahmed mainly contended that the Labour Court had no jurisdiction to entertain the complaint and try the alleged offence against the petitioner Zaheeruddin…

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