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versus


Industrial Relations Ordinance 1969 Section 38 (5) Notice of contempt of court proceeding with the order not to receive notice of motion to proceed with contempt of court for the establishment of a proceeding proceeding against the Registrar, after receipt of notice The proceedings are not held, under the circumstances, no offense amount under section 38 (5)

1984 P L C 1246

[Labour Appellate Tribunal Punjab]

Present: Muhammad Abdul Ghafoor Khan Lodhi,

Appellate Tribunal

MUSLIM COMMERCIAL BANK STAFF UNION, LAHORE

versus

REGISTRAR OF TRADE UNIONS, LAHORE REGION, LAHORE AND 2 OTHERS

Petition No. LHR‑68 of 1984, decided on 14th March, 1984.

Industrial Relations Ordinance (XXIII of 1969)‑--

‑‑‑ S. 38 (5)‑Notice of contempt proceedings‑Complainant moving for contempt proceedings against Registrar seeking stay of referen dum proceedings‑No stay order issued alongwith notice of contempt proceedings‑ By not stopping referendum proceedings after receipt of notice, in circumstances, held, does not amount to an offence under S. 38 (5).

H. R. Haider for Petitioner.

Date of hearing : 10th March, 1984.

JUDGMENT

A notice of contempt of Court was issued to respondent No. 1 on 3rd March, 1984. The next date in that case is 17th March, 1984. It is said that the respondents did not stop the referendum proceedings on getting information of the notice of contempt of Court, dated 3rd March, 1984. The notice referred to above was not a notice of any stay order but a notice to show cause why action under section 38 (5) for contempt of Court be not taken. By not stopping the proceedings of referendum on getting notice of contempt of Court does not amount to an offence under section 38 (5) of the Industrial Relations Ordinance, 1969. The petition, therefore, is filed.

Petition dismissed,

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