Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A(8)--Non-compliance of Court's order--Criminal liability-­Every person is presumed to intend natural consequences of his act-­Order of Labour Court regarding re-instatement of workman not complied with--Explanation that accused was not the contractor/employer-­Accused despite knowledge not defending himself in grievance petition and order of Labour Court within his knowledge--Such plea, in circumstances, held, could not defeat Court's order for effective implementation--Labour Court passed conviction order imposing fine of Rs.1,000 keeping in view old age of accused. S.M. Kohistani for the Complainant. JUDGMENT Mr. Zar Wan Khan has filed criminal complaint under section 25-A (8) of the IRO r/w sections 54 & 55 of the IRO against Mr. Abdul Aziz contractor that he has failed to comply with the order of the Labour Court and consequently committed breach of the law. He has referred to the Court's decision, given on 11th August, 1986 where the Labour Court re-instated Rahim Khan, Zar Wali and Sher Zamin against the illegal termination. 2. Mr. Aziz contractor was placed on the criminal indictment to face the trial for such contravention to which he pleaded not guilty. 3. In view of the Court's decision of 11th August, 1986 Mr. Aziz contractor had the full knowledge of the Court's proceedings but remained absent. The Court examined the matter under section 25-A IRO, passed the detailed order and came to the conclusion that Mr. Abdul Aziz contractor is the employer of all these 3 employees, Zar Wali Khan, Rahim Khan and Sher Zamin. It is, therefore, the termination from the employment affected by the contractor was not according to law. 4. Mr. Aziz contractor had the full opportunity to lead the defence whether he desired to be examined as a witness after he has given the statement under section 342 Cr.P. C. to explain the circumstances appearing against him. He admitted that Court had passed the order when he has shown that he has no knowledge about the Court's decision. He has also shown unawareness that complainant did not come to him with the copy of decision. He has explained his defence more…

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