| Case ID |
0acd46c9-b0a1-452c-ac0b-691f73f9adcb |
| Body |
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| Case Number |
12(1) of 1977 |
| Decision Date |
Oct 08, 1977 |
| Hearing Date |
Oct 08, 1977 |
| Decision |
The National Industrial Relations Commission ruled that the conviction of Ghulam Rasul was invalid due to a violation of the mandatory provisions of the law concerning the administration of oaths to accused persons. The court found that the statement made by the accused on oath was inadmissible in evidence, which vitiated the proceedings. Consequently, the case was remanded for retrial. |
| Summary |
This case revolves around the conviction of Ghulam Rasul, the General Secretary of the Pakistan PVC General Employees' Union, for allegedly assaulting Mohammad Hussain Khan, an Administrative Officer at Pakistan PVC Ltd. The conviction was based on a case of unfair labor practice. However, it was challenged on the grounds that the evidence against the accused was improperly handled, particularly the administration of an oath to the accused, which is prohibited under the Criminal Procedure Code and the Oaths Act. The court emphasized that such violations render the proceedings illegal and inadmissible. Following the principles established in prior case law, the court remanded the case for retrial, underscoring the importance of adhering to legal protocols in criminal proceedings. This case highlights the critical nature of due process in labor relations and the legal protections afforded to individuals in criminal contexts. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
Pakistan PVC General Employees' Union,
Pakistan PVC Ltd.
|
| Judges |
ATTAULLAH SAJJAD,
S. RATS AHMAD,
JAFRI,
MASUD AFZAL KHAN
|
| Lawyers |
Obedur Rehman,
Samiullah Khan
|
| Petitioners |
Ghulam Rasul
|
| Respondents |
GENERAL MANAGER, PAK P. V. C. LTD., THATTA
|
| Citations |
1978 SLD 1066,
1978 PLC 322
|
| Other Citations |
Muhammad Bakhsh v. State P L D 1956 S C (Pak.) 420
|
| Laws Involved |
Criminal Procedure Code,
Oaths Act,
Industrial Relations Ordinance
|
| Sections |
342,
5,
16(I)(d)
|