Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 15 & 53---Unfair labour practice on part of employers---Complaint against alleged unfair labour practice was filed by employee after about three and a half years of alleged incident without any explanation of such delay--­Complainant employee had already chosen forum available for civil litigation under the Ordinance, and civil litigation in that connection was going on between the parties---Such controversy between parties which was of civil nature, could not be converted into criminal litigation at that stage in circumstances---Complaint filed by employee against employers, was not maintainable and was liable to be dismissed. 1993 PLC 57 ref. Complainant in person. Abdur Rab for Respondents, ORDER This is a complaint under section 15 read with section 53 of the IRO, 1969 wherein notices were served upon the respondents. The respondents Nos.2 and 3 have filed their comments contending certain preliminary -objections to the maintainability of the complaint. Before proceeding further in order to hold certain inquiries or to frame charge upon the accused persons, the parties were invited to submit their arguments on the maintainability of the complaint. 2. I have the complainant in person and the counsel for the respondents in detail and have carefully examined the record of the case. 3. The objection of the learned counsel for the respondents, that the complainant has been dismissed on 10-9-1990, and he was no, more an employee of the respondent after 10-9-1990, and therefore, has no right to invoke the provisions of the IRO, 1969, is not well-founded. The very definition of a worker or workman include person, who has been dismissed, discharged and even retrenched from employment in connection with industrial dispute for convenience the provisions of section 2(2) item No. (XVIII) of the IRO, 1969 are reproduced as under:-- "Worker and `workman' means any person not falling within the definition of employer who is employed (including employment as supervisor or as an apprentice) in an establishment or industry for hire or reward either directly or through a contractor whether the terms of employment be…

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