Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.20--Criminal Procedure Code (V of 1898), S.249-A--Non­observance of provisions of Ordinance--Criminal liability--Employer, personally would be liable and not Manager to face criminal liability-­Complaint lodged by Inspector against Manager--Labour Court, in circumstances, taking judicial notice for unnecessary and unjustified proceedings against such persons--Accused Manager being not employer and not personally responsible for alleged non-observance, was discharged under S.249-A of Criminal Procedure Code, 1898. Complainant in person. M. M. Jeelani for Respondents ORDER Mr. Aiwan, Inspector of Factories have filed number of criminal complaints, for taking cognizance by the Labour Court, for the breach of the provisions of the Standing Orders Ordinance known as Industrial Commercial Employment (Standing Orders) Ordinance 1968. 2. Mr. Jeelani, counsel for the respondent /accused has raised the question of law that the employer for the purpose of criminal liability, is Mr. Zahid Akhtar S/o Rukandin Khan. 3. Mr. Aiwan has brought the complaint against Rukandin Khan and Mr. Anis Ahmed Khan as the employer, and the Manager for the purpose of enforcing criminal liability. 4. Mr. Aiwan has also argued that this registration certificate to which Mr. Jeelani has referred relates to the date of 4th February 1987. He has inspected the factory where information was supplied on 23-10-1986 that the Manager and the Occupier Mr. Rukandin Khan and Mr. Anis Ahmed. 5. To point out, to Mr. Aiwan Labour Inspector, if the question of law is raised whose criminal liability is for enforcement. In this context, the Court refers section 20 which provides that the employer of the Industrial and Commercial Establishment shall personally be held responsible for the proper and faithful observance ding Orders, whether or not, the workmen of such establishment, are employed through contractors. 6. The word personally is legally significant that liability and responsibility for the observance of the Standing Orders is that of employer alone, for the word personally should not have been used in…

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