Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------S. 38(5)---Contempt of Court---Petitioner who moved petition for contempt of Court against Registrar of Trade Unions, having himself not turned up in the Court for pursuing contempt proceedings of criminal nature, petition for contempt of Court filed by petitioner, who otherwise had come to Court with unclean hands, ulterior consideration and mala fide intentions, was dismissed. Muhammad Zaman Qureshi for Petitioner. Asghar Ali Pasha, Representative for Respondent. Sh. Abdul Hameed for Applicant. Date of hearing: 12th March, 1997. JUDGMENT The present petition under section 38(5), Industrial Relations Ordinance, 1969 has been moved by Imdad Awan, claiming to be President of the Crescent Textile Mills Workers Union, Faisalabad, against the Registrar of Trade Unions, Faisalabad Region, Faisalabad, making a prayer that the respondent be summoned alongwith the requisite record and that proceedings be taken against him for defying the authority of this Tribunal and committing contempt of Court. The respondent was also required, to be restrained from taking any further proceedings in the matter. 2. This Tribunal entertained the petition on 25-2-1997, and ordered the Registrar to take no further action. One Haji Muhammad Munir, however, applied to this Court, on the following day, i.e. 26-2-1997, and made a request that he be impleaded as a co-respondent, and the order dated 25-2-1997 be recalled. Learned counsel for the petitioner formally opposed Haji Muhammad Munir's application but then signified his willingness to allow him (Haji Muhammad Munir) to address the Court, as he had been displaying immense interest and contest in the matter and had taken up the plea that Imdad Awan had actually lost all support and had been acting at the behest of the mill management/proprietorship against the interests of the working class, and still was clinging to the office, and not allowing fresh elections of the office-bearers of the union to be held and this all was being done in a mala fide manner. Haji Muhammad Munir said that he was the candidate for the office of the President of the Union and his Group was leading. 3.…

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