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Applications Nos. KAR‑300‑305 of 1973, decided on 24th May 1973.
----Complaint, transfer of‑Presiding Officer Labour Court advising complainant to prosecute applicant under Ss. 15 and 53, Industrial Relations Ordinance, 1969‑Complainant filing such complaint Applicant, in circumstances, held, rightly has a reasonable apprehension of not getting justice from Court‑Transfer application, in circumstances, granted and transferee Court, directed to start proceedings from stage already reached instead de novo trial.
Sayyid Gauhar Gilani for Appellant.
Mohammad Sarwar for Respondent No. 2.
Date of hearing: 24th May 1973.
These are six applications under section 36‑C of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance), for transfer of the complaints pending before the Presiding Officer, Fifth Sind Labour Court, Karachi to some other Court. I have gone through the affidavit and counter affidavit of respondent No. 2. 1 had sent a copy of the complaint filed by the applicant for the comments of the learned Presiding Officer. The comments have been received.
2. It is alleged in Paragraph 4(c) of the affidavit of Shaikh Fa21ur Rehman as under:
"I was further shocked when the Presiding Officer openly advised and asked the Representative of the Complainant to prosecute me under sections 15 and 53 of the 1. R. O., 1969, as his present complaints were not maintainable in law."
3. The admitted position is that the previous complaints were withdrawn and the present complaints under section 15 and section 53 of the Ordinance were filed. In the counter‑affidavit, filed by Mr. Abdul Jabbar, the fact that the Presiding Officer made any such comment, is not denied. Mr. Abdul Jabbar should have specifically denied that no such observation was made by the learned Presiding Officer. The learned Labour Court also in his explanation has not denied that he did not make any such observation, as suggested by the applicant.
4. 1 have come to the conclusion that the applicant had a reasonable apprehension in his mina that he may not got justice from the Court would, therefore, transfer these applications to the Presiding Officer of Sind Labour Court No. 1V, Karachi. He bad only 17 matters pending before him on 23rd April 1973. The learned Presiding Officer to start the case from the stage that they have already reached. He has not to start de novo. The anxiety of the Complainant is that the matters should be expeditiously disposed of. The Court should try to dispose of the matters as quickly an conveniently as possible.
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