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Criminal Revision No. 1000 of 1963, decided on 16th December 1968.

S. 435 read with S. 203 and Industrial Disputes Ordinance (LVI of 1959), S. 26‑Industrial Court‑Not a "Court inferior to High Court" within meaning of S. 435‑Order of dismissal of complaint under S. 26 of Ordinance by Industrial Court under S. 203‑Revision against such order, held, not entertainable.

Sakhi Muhammad v. Wajid Ali P L D 1964 Lah. 426 ref.

C. R. Aslam for Appellant.

Malik Amjad Hussain for Respondents.

Dates of hearing : 13th and 16th December 1968.

Ghulam Akbar, President of Makkarwal, Gulla Khel Collieries, Employees' Union, Makkarwal, filed a complaint against Muhammad Akram, Director, P. I. D. C., under section 26 of the Industrial Disputes Ordinance, 1959. It was alleged that the respondent hid agreed to provide uniform to Chaukidars and Motor drivers, but the loco drivers were not supplied with the uniform. The Industrial Court, by order dated 12‑7‑1963, held that it could not be said that the Management had no intention to implement the award, and, therefore dismissed the complaint under section 203 of the Code of Criminal Procedure, 1898.

2. Aggrieved, the petitioner filed the present revision petition to have the said order set aside.

3. At the outset, Malik Amjad Hussain, appearing on behalf of the respondents, urged that this revision petition was not entertainable in law. He contended that the Industrial Court was not a Court inferior to the High Court within the meaning of section 435, Cr. P. C. In this contention he relied on the case reported as Sakhi Muhammad v. Wajid Ali (P L D 1964 Lah. 426).

Mr. C. R. Aslam, appearing on behalf of Ghulam Akbar, petitioner, frankly conceded that in view of the aforesaid ruling, the revision petition was not entertainable.

4. The revision petition being not entertainable, is hereby dismissed.

Petition dismissed.

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