Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 15 (1) (f) & 53 (1-A) read with Criminal Procedure Code (V of 1898), S. 265-K-Prosecution for unfair labour practice-Acquit­tal of accused at any stage of case-Discretion of Court-Complaint containing allegations apparently constituting offence of unfair labour practice under S. 15 (1) ( f) of Industrial Relations Ordi­nance, 1969-Neither accused got examined nor their evidence recorded-Application for acquittal on plea that evidence adduced by complainant was discrepant failing to prove that allegations were beyond reasonable doubt, in circumstances, held, rightly dismissed by Labour Court at such stage. S. Zamirul Hassan for Applicant. Mahmood Mubassir for Respondent. Date of hearing : 1st June, 1983. ORDER The facts leading up to this sun motu revision briefly stated ate that the applicant, Ghulam Mahboob, is the Partner in AI-Mahmood Foundry Workshop and Re rolling Mills along with his other partners, some of the co-accused in the complaint under section 53 (1-A), 1. R. O., filed against them by the respondent Ayub Jan in Labour Court No. 11, Karachi. Ayub Jan alleged therein that he was the General-Secretary of the Collective Bargaining Agent, whereas his witnesses Taj Muhammad and Feroze Khan were its President and Treasurer, respectively and were working in the Mills. He further alleged that the applicant Ghulam Mahboob and the co-accused with him in the complaint, made false statements knowing or having reasons to believe the same to be false, in the cases pending between them in the Labour Court No. 11 at Karachi and he served the show-cause notices on Ghulam Mahboob and his co-accused under sec­tion 56 of I. R. O. for filing false statements and as to why they should not be prosecuted. The allegations in the complaint further are that Ghulam Mahboob and his partners having been annoyed on the service of the notices, issued threats to them to withdraw the notices or they will finish up the union. Subsequently, the applicant and his partners managed to put the motor of the factory out of order with the result that it stopped working and declared lay-off in the Rolling Mills in order to see the…

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