| Citation(s) |
|---|
| 2005 SLG 801 2005 SLD 801 2005 PLC 34 |
Lahore High Court
Crl. Misc. No.87-Q of 2002, decision dated: 16-06-2004.
RUSTAM ALI MALIK, J
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Crl. Misc. No.87-Q of 2002, decision dated: 16-06-2004.
RUSTAM ALI MALIK, J
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MUHAMMAD NADEEM DAR and 12 others
VS
RIAZULHASSAN ALVI and another
Law:
Section:
National Industrial Relations Commission (Procedure and Functions) Regulations, 1973-------Reglns. 20, 31 & 34---Criminal Procedure Code (V of 1898), Ss. 561-A, 200, 202, 204 & 537---Industrial Relations Ordinance (XXIII of 1969), Ss.16/53, 22-A & 22-F---Partition for quashing of proceedings---Proceedings initiated on complaint filed against petitioners under Ss. 16(d)(e) & 53 of Industrial Relations Ordinance, 1969 had been sought to be quashed on the ground that respondent/Senior Member of National Industrial Relations Commission, issued process to petitioners without recording statement of complainant on oath in violation of mandatory provisions of Ss.. 200 to 204, Cr.P.C --Validity---Industrial Relations Ordinance, 1969, was a special law and National Industrial Relations Commission had framed its own regulations exercising its powers under S. 22-F of Industrial Relations Ordinance, 1969 and method to deal with the complaint had been provided in Chapter VI of National Industrial Relations Commission (Procedure and Functions) Regulations, 1973 and in that respect Reglns. Nos. 20 to 31 of said Regulations, were relevant in the case---Apparently S. 200, Cr.P.C. was not applicable to the proceedings of a complaint filed before National Industrial Relations Commission nor under said Regulations it was necessary that before issuing a process to accused, the complainant should be examined on oath---Under Regln. 31 of National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, though Criminal Procedure Code had been made applicable to proceedings before National Industrial Relations Commission, but provisions of Industrial Relations Ordinance, 1969 and Regulations framed thereunder would take precedence ---Regln. 34 of National Industrial Relations Commission (Procedure, Functions) Regulations, 1973, gave power to National Industrial Relations Commission to curtail examination for expeditious disposal of cases and in exercise of powers under said Regln. 34 said Commission could direct any examination or cross-examination or re-examination to be cut short or to be dispensed with---Respondent/Senior Member in the present…
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