| Citation(s) |
|---|
| 1987 SLG 199 1987 SLD 199 1987 SCMR 31 |
Supreme Court of Pakistan
Civil Appeal No. 138-K of 1980, decision dated: 13-05-1986, hearing DATE : 22-01-1986.(On appeal from the judgment of the High Court of Sind, dated 15-8-1979, in Appeal No. 14 of 1976)
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
Noor Muhammad, Advocate Supreme Court and A.A. Dastagir, Advocate-on-Record for Appellants.
Civil Appeal No. 138-K of 1980, decision dated: 13-05-1986, hearing DATE : 22-01-1986.(On appeal from the judgment of the High Court of Sind, dated 15-8-1979, in Appeal No. 14 of 1976)
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
Noor Muhammad, Advocate Supreme Court and A.A. Dastagir, Advocate-on-Record for Appellants.
MUHAMMAD AKRAM and another
VS
SECOND SIND LABOUR COURT and another
Law:
Section:
(a) Constitution of Pakistan (1973)--Art. 185(3)--Industrial Relations Ordinance (XXIII of 1969), S.13 (b)--Complaint before Labour Court by person other than Registrar of Trade Unions or any person authorised by him--Maintainability of--Leave to appeal was granted to consider contentions that as law made an express mention of person who could make complaint for fulfillment of object of statute, that implied exclusion of every one else; and whether High Court rightly relied on dictum laid down in precedent case for resolving legal controversy in this case, in view of fact that former case related to a complaint not before Labour Court but before the National Industrial Relations Commission under subsection (9) of S.22-A of Ordinance (XXIII of 1969). Hoot Khan and others v. National Industrial Relations Commission P L D 1977 Kar. 145 ref. (b) Industrial Relations Ordinance (XXIII of 1969)- ---Ss. 13(b), 35(5)(c) & 36(3)--Criminal Procedure Code (V of 1898) S.190--Complaint before Labour Court, maintainability of--Complainant other than Registrar, Trade Unions or person authorized by him-Competency of Labour Court to take cognizance--Plea that Labour Court was not competent to take cognizance of a complaint filed by a private party, repelled--General rule under criminal jurisprudence being that any person having knowledge of commission of an offence may set law in motion by a complaint, even though he was not a person injured by commission of offence, unless there was a prohibition from taking cognizance otherwise than on a complaint by a specified authority/ person--Section 13 of Ordinance (XXIII of 1969) concerns only with powers of Registrar, it purports to control him alone and not Labour Court, nor there is any embargo on powers of Labour Court to take cognizance of an offence on a complaint by a private party--In absence of positive and clear bar, Labour Court, held, was competent to take cognizance on complaint lodged by private party. Hoot Khan and others v. National Industrial Relations Commission P L D 1977 Kar. 145 ref. JUDGMENT ZAFFAR HUSSAIN MIRZA, J.--The question of law that falls for determination in this appeal is as to whether the Labour…
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