Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- --- S. 53 read with S. 15 (1) (d) & (e) read with Karachi Dock Workers (Regulation of Employment) Scheme, 1973-Unfair labour practice-Karachi Dock Workers (Regulation of Employment), Scheme, 1973 providing prohibition of engagement of non-registered dock workers to do dock work-By-road workers (unregistered) engaged by Exporter and not by Stevedoring firm not for dock work but for unloading trucks going directly into ship-Accused (one office-bearer of Trade Union and 3 workers non-office-bearers) alleged to have prevented trucks from going into ship-hold, threat­ened to damage trucks and instigated dock-workers to go on illegal strike with demand that road by workers should not be engaged­-Evidence supporting allegations against non-office-beares accused but no overt act leading to illegal strike established against office­-bearer accused except that he declined to persuade dock workers to allow work to continue-Office-bearer accused, in circumstances, acquitted. Other accused appearing to have been misguided into thinking that by-road workers were doing dock-work-Lenient view in circumstances, taken by National Industrial Relations Com­mission and fine of Rs. 500 imposed on each accused instead of sentence of imprisonment. S. A. Sarwana for the Complainants. Obaidur Rehman and M. Ashraf Khan for Respondents/ Accused. ORDER This complaint of unfair labour practice, under section 53 read with section 16 (1) (d) and (e), Industrial Relations Ordinance, 1969 had been filed by the Karachi Dock Labour Board through Mr. Muhammad Khaqan Khan, Assistant Personnel Officer and Najmuddin Hashmi, Fore­man Pakistan Mercantile Services Limited, Karachi and Stevedoring firm, against (1) Khan Madin Afradi, President, Karachi Harbour and Dock Workers Union (C. B. A.) accused No. 1, (2) Hakeem Khan, Worker Card No. WD-1380 accused No. 2, (3) Amin Sadullah Jan, Wharf Worker Card No. WD-1387 accused No. 3, and (4) Arbab Khan, Wharf Worker Card No. WA-363 accused No. 4. 2. After recording the preliminary statement of Muhammad Khaqan Khan, Assistant Personnel Officer, Karachi Dock Labour Board, I framed charges against all the…

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