Case Details

Citation(s)
1992 SLG 858 1992 SLD 858 1992 PLC 539
National Industrial Relations Commission
Appeal No. 12(128) of 1991, decided on 3rd February, 1992.
ATAULLAH SAJJAD CHAIRMAN, ABDUL AZIZ MEMON AND MUNIR AHMAD MUGHAL, MEMBERS

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ISHTIAQ AHD ASI and 2 others

VS

PAKISTAN RAILWAYS ISHTIAQ AHD ASI and 2 others vs PAKISTAN RAILWAYS

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S.22-F----National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regins.31 & 32---Criminal Procedure Code (V of 1898)---Offences under Industrial Relations Ordinance, 1969---Security proceedings against employees by Commission---Applicability of Criminal Procedure Code, 1898---Expression "to follow any procedure it deems fit"--­Connotation and significance--- Criminal Procedure Code, 1898, has been generally applied to trials of offences under the Ordinance, 1969---Chapter VIII of Cr.P.C. which deals with security proceedings has not been applied to Industrial Relations Commission, but that would not mean that by direction "to follow any procedure it deems fit", Commission has been emancipated from' following fundamental and natural principles of a fair hearing---Regulation 32, National Industrial Relations Commission (Procedure and Functions) Regulations, 1973 itself provides that persons connected with matter have to be heard and Commission could hold such enquiry "as it deemed fit"----Plea of employees that reference to S.107, Cr.P.C. to facts of case was inapt and no proceedings could be taken under that section, was not correct in view of provisions of S. 22-F of Ordinance, 1969. University of Dacca v. Zakir Ahmad PLD 1965 SC 90 and Russel v. Duke of Norfolk 1949 All ER 109 ref. (b) Administration of justice--- ---- Fair procedure---First requisite of a fair procedure was that persons affected have 'to be informed of allegations against them and be given an opportunity to explain their side of case. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----S.16----National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln. 22(2)(8)----Unfair labour practice on the part of workmen---Order furnishing security to keep peace and maintain public tranquillity---Senior Member of National Industrial Commission, after hearing parties, ordered employees who were office-bearers of Union, to furnish security for one year to keep peace and maintain public tranquillity--­Allegations against employees were that they had committed unfair labour…
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