Law:

Section:

Industrial Relations Ordinance (XXXIII of 1969)- ---S.38(3) read with S.25-A(8)(9)--Conviction and sentence for non­compliance of order of Labour Court and decision of Tribunal-­Appellants (employers) not contesting complaint petition by filing any reply or objections--Conduct of appellants showing that they deliberately failed to comply with orders of Court as they neither reinstated the respondent worker nor paid him legal benefits and other dues--Labour Court, held, had rightly held, the appellants guilty and sentenced them under S.25-A(8)(9)-sentence of simple imprisonment for one month, however, converted into that of fine of Rs.1,000/- to be paid by each appellant forthwith before rising of the Court failing which appellants were directed to suffer simple imprisonment for one year each. Shaukat Ali A. Nanji for Appellants. S. Yousuf Ali for Respondent. Date of hearing: 13th April, 1987. JUDGMENT This is an appeal filed by the appellants against a conviction order, dated 29-5-1985 under section 25-A(8) and (9) of the Industrial Relations Ordinance, 1969, passed by the Sind Labour Court No. I, Karachi, who had sentenced both the appellants to suffer simple imprisonment for one month each. 2. Brief facts of the case are that the respondent complainant, namely, Hakimuddin was charge-sheeted for two offences i.e. in subordination and go-slow. A domestic enquiry was conducted against him in which he was found guilty of the same and subsequently, he was dismissed from service resulting in the filing of a grievance petition under section 25-A, I.R.O. 1969. On 5-7-1976, the Sind Labour Court No. III, Karachi, had set aside the dismissal order of the respondent and directed his re-instatement in service with full back benefits. Against this order, the appellants filed an appeal before this Tribunal which was allowed on 20-12-1976 and the dismissal order of the respondent was restored. Thereafter, the respondent, Hakimuddin, had challenged the order of this Tribunal before the High Court of Sind and it, vide order dated 12-9-1983 had set aside the order of this Tribunal and the matter was remanded to the Labour Appellate Tribunal for further enquiry and to examine…

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