MUHAMMAD AKHTAR Versus MUHAMMAD AYUB

DECISION

The respondent had riled a complaint before the Labour Court No. III, Karachi against the informant for the breach of the order of this Tribunal reinstating him in service with back benefits to the extent of 50% of his pay.

2. Preliminary enquiry was held and process was issued whereupon the informant entered appearance and made this application under section 249‑A, Cr.P.C.

3. The learned Presiding Officer dismissed the application on the ground that since no evidence had been recorded it could not be said that the charge against the informant was groundless.

4. Mr. S.M. Yaqoob learned counsel for the informant urged that the complaint had been riled when the Stay Order granted by the High Court stood vacated. However, it had been restored when the true facts were presented before the High Court.

5. I am afraid the canvas is much bigger, than what Mr. Yaqoob would concede.

6. The Constitution petition itself stood dismissed and Leave to Appeal before the Supreme Court had also been refused.

7. There has to be proper material in the form of evidence, before coming up with a challenge under section 249‑A, Cr.P.C.

8. The impugned order needs no interference.

9. The information laid under section 38(3‑A) stands dismissed, as otherwise too it does not lie of right.

H.B.T./2188/Lb.S Application dismissed.