2002 PLP 36 (PLC)

‑‑‑‑Ss. 22‑A(8)(g) & 22‑C‑‑‑National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln. 32(2)(c)‑‑‑Complaint against violation of ad interim order‑‑‑Complainant/petitioner had alleged that in his petition filed under S.22‑A(8)(g) of Industrial Relations Ordinance, 1969, ad interim order was passed directing respondent not to close down factory without prior permission of the Labour .Court which had been violated by the respondent/contemner by closing down the factory‑‑ Sole proprietor of factory concerned was not made party in said petitions and persons against whom petitions were filed neither were parties nor had any concern with the factory and ad interim prohibitory order was also not served on the respondent‑‑‑Main petition under S.22‑A(8)(g) of Industrial Relations Ordinance, 1969 having been dismissed being not maintainable, complaint filed by the complainant under S.22‑C of said Ordinance, was also dismissed being not maintainable. Rana Mehmood Ali Khan, Representative for the Complainant. Mehboob Rizvi for Respondents. This is a complaint under section 22‑C of I.R.O., 1969 filed by Muhammad Rafique Qureshi General Secretary, Super Biscuit Factory Mazdoor Union against Super Biscuit Factory through its Proprietor Yousaf Salman and two others, alleging violation of ad interim order, dated 12‑3‑2001 passed by this Bench of Commission in petition filed by the complainant under section 22‑A(8)(g) of I.R.O., 1969 alongwith application under Regulation 32(2)(c) of NIRC(P&F) Regulations, 1973 in a petition bearing No.4‑A(57) of 2001‑K.

2. Parawise comments with preliminary legal objection have been filed by Muhammad Yousaf, Proprietor.

3. I have heard Mr. Rana Mehmood Ali, learned Representative for the complainant and have gone through written arguments filed by learned advocate for the respondents. It is contended by learned Representative for. the complainant that complainant has filed Petition under section 22‑A(8)(g) of I.R.O., 1969, wherein an application under Regulation 32(2)(c) of NIRC(P&F) Regulations, 1973 has also been filed by the complainant and ad‑interim order was passed on 12‑3‑2001 directing the respondents not to close down Factory without prior permission of the Labour Court, which has been violated by the Contenmers by closing down the factory on 1‑4‑2001. The learned Advocate of the contemners has contended that Muhammad Yousaf is Sole Proprietor of Super Buscuit Factory but he is not made as party by the complainant in the petition under section 22‑A(8)(g) of I.R.0., 1969. He contended that Haji Muhammad Idrees and Haji Muhammad Salim are neither partners nor have any concern with the Factory. He contended that ad interim prohibitory order was not served on the respondent, Muhammad Yousaf who is sole Proprietor of Super Biscuit Factory came to know about the ad‑interim prohibitory order, dated 12‑3‑2001, only on 6‑4‑2001, when he attended a joint meeting before the Area Conciliator at Hyderabad. It is contended that an application under Standing Order 11‑A of West Pakistan Industrial and Commercial Standing Order Ordinance, 1968 has been moved by Muhammad Yousaf, Sole Proprietor of Super Biscuit Factory before 6th Labour Court, Hyderabad for permission to close down the factory. He contended that respondent has not committed any violation of ad‑interim prohibitory order, dated 12‑3‑2001, as such complaint be dismissed.

2. Main petition under section 22‑A(8)(g) of I.R.O., 1969 alongwith application under Regulation 32(2)(c) of NIRC (P&F) Regulations, 1973 has been dismissed as not maintainable. Yousaf Suleman, who has been named as contemner No. 1, was not named as respondent in the said petition. From the documents produced, it appears that Muhammad Yousaf is sole Proprietor of Messrs Super Biscuit Factory and there is no document on record to show that Haji Muhammad Idrees is the Managing Partner and Haji Muhammad Salim is Partner of M/s. Super Biscuit Factory. Main Petition under section 22‑A(8)(g) of I.R.O., 1969 was filed by the complainant against Haji Muhammad Idrees and Haji Muhammad Salim and the complainant has not been able to prove or show that . they have any concern with Messrs Super Biscuit Factory. Main Petition has been dismissed as not maintainable and the present complaint under section 22‑C also being not maintainable for the said reasons is hereby dismissed. H.B.T./42/NIRC Complaint dismissed.