DECISION ' Information under section 38(3-a), I.R.O. Has been laid before this Tribunal against the order of Labour Court No, V at Karachi, dated 28-4-1991, dismissing the application filed by the Informants, challenging its jurisdiction to take cognizance of a complaint and proceed against them for an offence under section 8A read with section 53, I.R.O.
2. The basis of the complaint was that the Employees Union of Ghandhara Nissan (Pvt.) Ltd. And Daihatsu Motors Pakistan (Pvt.) Ltd., Karachi was formed on 3-3-1989 and an application had been presented before the Registrar of Trade Unions, Karachi, for its registration on 4-3-1989 which came to be duly registered on 29-8-1989.
3. This step taken by the employees was resented by the employers and during the pendency of the registration, to be precised on 1-8-1989, as many as nine office-bearers of the Union were removed from service, and that too without obtaining the permission of the Registrar of Trade Unions. This constituted, according to the complainant, a breach of section 8-A of the I.R.O., which was punishable under section 53(1) of I.R.O. Thereof.
4. A preliminary objection had been taken to the effect that the complaint, if any, would lie before the N.I.R.C. And not before the Labour Court which came to be repelled by the Labour Court.
5. Mr. Muhammad Rehan Aged, learned counsel for the informant companies contended that as the complaint was filed under section 53 of the I.R.O. The Labour Court could take cognizance in the matter only if it was authorised to do so by a general or special order of the Commission.
Subsection (8) of section 22A of I.R.O. Deals with the functions of the N.I.R.C. Clause (f) thereof is in the following words: "to try offences punishable under section 53, other than subsections
(1) and (5) thereof........... "
' Subsections (1) and (5) of section 53 of I.R.O. Read as under- "( 1 ) whoever contravenes the provisions of section 8A shall be punishable with imprisonment which may extend to three years, or with fine which may extend to two thousand rupees or with both.
(2)
(3) .
(4)
(5) whoever contravenes the provisions of section 47-A shall be punishable with imprisonment which may extend to three years, or with fine which may extend to two thousand rupees, or with both."
The allegations as preferred in the complaint before the Labour Court fall under section 8-A of the I.R.O. In this very context it might be mentioned, that there had been a challenge before the Labour '
Court in an earlier proceeding. The contention was that the allegation preferred did not make out the ingredients of an offence under section 8-A read with section 53, I.R.O. Which has been dismissed.
6. Mr. Muhammad Rehan Agee referred to subsection (6) of section 53 which talks of authorization of the Labour Court or a Magistrate by the N.I.R.C. To try a case under this section. Obviously it refers to other subsections, than (1) and (5) which are within the exclusive jurisdiction of the Labour Court.
It is further re-affirmed by section 22-A, subsection (12), I.R.O.
7. The information laid before me is totally devoid of all merit hardly worth being acted upon. The applications, under the circumstances, are dismissed.