Case Details

Citation(s)
1994 SLG 579 1994 SLD 579 1994 PLC 191
Labour Appellate Tribunal, Sindh
Revision Application No. HYD-354 of 1991, decision dated: 7-11-1993.
AGHA ALI HYDER, APPELLATE TRIBUNAL
Rafiq Ahmed for Applicant. Nemo for
Respondents.

ABDUL SATTAR DAUD POTA

VS

Haji JAN MUHAMMAD, Managing Director/Occupier, Messrs Silver Cotton Mills Ltd., Karachi and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)Ss. 23B, 23F & 38(3a)Complaint against managementManagement of Mill applied to Government for appointing auditor for auditing accounts of Mill and auditing company was duly nominated by Government as prayed forComplaint was lodged against management that it was resorting to all sorts of hindrances and impediments to avoid inspection of Mill and that it was not providing facilities to auditing companyAllegations were denied by management and Court took into consideration facts of case and exonerated the management of the chargeWitness appearing on behalf of auditing company had himself admitted in his crossexamination that during auditing, adjournments were granted by auditing company itself and after various adjournments, auditing company did not contact management by sending any letter for carrying out audit of MillComplaint against management of Mill was rightly dismissed by Court being misconceived. DECISION This information under section 38(3a) of the Industrial Relations Ordinance, 1969, has been laid in the following circumstances. The General Secretary of the Silver Cotton Mills Ltd., had submitted an application to the Secretary of the Labour Department, Government of Sindh through the Director, Labour, Hyderabad for appointing an Auditor for auditing the accounts of the respondentMill of which the respondent No. 1 is, the Managing Director and the respondent No. 2, the Manager, under section 23D of the Industrial Relations Ordinance, 1969. The Government of Sindh had nominated M/s. N.G. Hashmi Company, Karachi Chartered Accountants for the same vide Notification dated 891986. It is alleged that the respondents were resorting to all sorts of hindrances and impediments to avoid inspection, and there was a spate of correspondence between the parties. Even when it was notified that there was no dispute between the CBA and the respondentMill, a letter was sent by the Section Officer of the Government of Sindh, that even in case of an agreement the accounts were to be audited in accordance with' subsection (13) of section 23B of the Industrial Relations Ordinance, 1969, and if facilities were not provident to…
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