N. REEMES AND 2 OTHERS vs THE STATE AND ANOTHER

1. ' This is an application in revisions under sections 435 and 439, Cr. P. C. As well as under section 561-A, Cr. P. C. Against the order passed under section 112, Cr. P. C. By the Assistant Commissioner & S.D.M., Zulficiarabad, Karachi in Case No, 270/1978 under section 107/117 of Cr. P. C.

2. ' On 21st September, 1978 respondent Taj Mohammed submitted an application before the S. D. M., Zulifiqarabad directed against 4 respondents including the present three applicants. The complainant alleged that he was proprietor of Taj Mohammad Transport Company and had taken contract for supply of gravels for the N. V. D. E. Meyer Zelzate, of Port Qasim Project, Karachi and had engaged a number of workers for the same. The number of workers comes to 840. He further alleged that the present applicant at the instance of some interested party had stopped the work order for supply of gravels which will cause immense loss to the complainant and it was done without any show-cause notice which would involve 1500 laborers engaged by the complainant to go out of job and it will create tremendous labor problems and therefore he apprehended labor trouble and therefore wanted the aforesaid viz., N. V. D. E. Meyer Zelzate, Port Qasim Project, Karachi and the present three applicants to restore the work of supply of gravels to the complainant to save the apprehended labor trouble. The statement of Ali Sher was recorded who stated that since the present three applicants want inclusion of other contractors and want to terminate the contract of Taj Mohammad for gravels supply, therefore, it will cause an immense breach of peace by labor. He further alleged that if this contract was terminated then there would be apprehension of trouble between labor of Taj Mohammad and Laborers of new contractor. The learned Assistant Commissioner made the following order on 23rd September, 1978.

3. "From the statement of the complainant and the witnesses, it appears that if immediate steps are not taken, there is an imminent danger of breach of peace, due to lock out and ensuing labour trouble. As such case be registered under section 107/117, Cr. P. C. Summons be issued."

4. Consequent thereupon order under section 112, Cr. P. C. Was passed and notice issued to the applicant, where the following allegation was made {{URDU TEXT}} ' The notice directed the applicant to enter into personal bond of Rs, 1,000. The contention of the learned counsel is that the whole proceedings were mala fide and the learned Assistant Commissioner and S. D. M. Did apply his mind to the facts of the case otherwise he would not have issued any process. The contention of the counsel appears to be correct. They very complaint shows that it was filed in order to regain the contract which was being cancelled by the presently applicants. The complaint was nothing, but an effort to pressurize thee, applicants against whom there was no allegations of any use of force. Even the witness did not allege any use of force or threat of using of force by the applicants but simply alleged that there would be a big dispute or labor trouble between the labor force of Taj Mohammad contractor and the labour force of the contractor who would be given the contract for the supply of gravels.. In these circumstances there was no justification in the order passed by the learned A. C. & S. D. M., Zulfiqarabad on 28th September 1978 for the issue of order and notice under section 112, Cr. P. C. To the applicants. Mr. Siddiqi for the State submits that no case under section 107/117 had been made out. In this view of the matter I set aside the order dated 23rd September, 1978 and the order and notice under section 112, Cr. P. C. The applicants claimed that they have deposited Rs, 6,000 as surety in respect of bond which was demanded from them. If they had deposited the said amount then that shall be returned to them. Mr. Was wane for respondent No, 2 was called absent.