Law: Pakistan Essential Services (Maintenance) Act, 1952

Section: 5(1)(c)(/),7

Pakistan Essential Services (Maintenance) Act, 1952 (LHI of 1952)-- —-S. 5 (1) (c) (/) read with Section 7 and West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, S.O. 12--Employce of Essential Services-Termination of service of--Conviction ofemployer under Section 5 of Act-Challenge to—Contention that communication of a reasonable excuse to employee whose services are terminated, is necessary otherwise provisions  f Act would be rendered futile-Admittedly respondent No. 2 was a probationer, but provisions of Section 5 (1) (c) (/) of Act will be attracted even if employee is a probatioaer-Afenj rea or a guilty mind is an  ssential ingredient of a criminal offence-Held: Section 5 read with preamble of Act leaves no doubt that object of Act is only to punish certain acts and omissions which may adversely effect maintenance of  ssential services and not to satisfy feeling of an aggrieved employee-Held further: Applicant was wrongly convicted for offence under Section 5 (1) (c) (A of Act,sendees and not to satisfy feeling of an  ggrieved employee-Held further Applicant was wrongly convicted for offence under Section 5 (1) (c) (/) of Act, 1952-Convioion and sentence set aside. JUDGMENT Applicant Noorullah Kazmi, Administrative and Public Relations Manager, Pakistan Petroleum Limited, Tvas tried alongwith Masrur Ahmad, Iftikharuddin Ahmad and S.M. Raza by Assistant Commissioner and S.D.M. Civil Lines, Karachi, for the offence under section 7 (3) of the Pakistan Essential Services (Maintenance) Act, 1952, who vide judgment dated 4.10.1990, found the applicant guilty for the said offence and sentenced him till rising of the Court and to pay a fine of Rs. 500/-(Rs. five hundred) or in default to suffer S.I for seven days. Co-accused Masrur Ahmad, Iftikharuddin Ahmad and S.M. Raza were, however, acquitted by the same judgment. The applicant preferred an appeal under section 408 Cr.P.C, before the Sessions Judge (South) Karachi, being Cr. Appeal No. 35 of 1990, which too was dismissed on 7.4.1991. It is in these circumstances that the applicant has invoked the revisional Jurisdiction of this Court. 2. On 8.12.1986,…

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