Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 22-D

(a) Industrial Relations Ordinance (XXIII of 1969)-------S. 22-D---Appeal against order dismissing complaint-,-Appeal---Maintainability of---Appellant who claimed to be General Secretary of Workers Union in the establishment, had filed complaint, alleging that employers were pressurizing office-bearers and workers of the union to refrain from trade union activities---Appellant/complainant also alleged that employers suspended him from his duties for a period of four days and after expiry of said period when he went to attend office, he was not allowed to enter the premises and was manhandled and also was confined for some time in a secret cabin---Member National Industrial Relations Commission conducted preliminary inquiry and after scanning same, dismissed complaint lodged by appellant---Appellant had filed appeal against order dismissing complaint---Under S.22-D of Industrial Relations Ordinance, 1969 appeal was provided against award; decision; sentence and against order of determination of collective bargaining unit---Conviction or acquittal could only be recorded after framing of charge and collection of evidence---Order of dismissal of complaint was neither an acquittal nor discharge, but was simply a dismissal order of complaint, which was not a decision or acquittal order---Member of National Industrial Relations Commission, never issued any process against employers nor called them---Order dismissing complaint neither being `decision' nor `acquittal order', appeal filed against order simply dismissing complaint, was not maintainable. Cap. (Retd.) Abdul Wajid and 2 others v. Sher Muhammad and others 1980 PLC 800; PLD 1960 (AJ&K) 24; Muslim Miah v. Munsar Ali Haji and 6 others 1969 PCr.LJ 849; Atta Muhammad and others v. Iqrar Ahmed and another 1991 PCr.LJ 274; Abdul Majid Khan v. Pakistan Railways, Lahore 1987 PLC 335 and General Secretary, Karachi Electric Supply Limited Corporation Labour Union v. Registrar, National Industrial Relations Commission, Islamabad and 2 others 1987 PLC 340 rel.(b) Words and Phrases-------`Decision', defined and explained. Pakistan Telecom Company Lions Staff Union Lahore through President v. The National…