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Application No. MN‑191 of 1974, decided on 7th November 1974.

Industrial Relations Ordinance (XXIII of 1969)

‑‑-- S. 36‑C(b)‑Transfer of appeal from one Labour Court to another Grounds‑Presiding Officer, Labour Court occupying on rent house owned by wife of Manager of Mills (respondent) since prior to functioning as Presiding Officer‑No valid ground for acceptance of transfer application‑Wife of Manager in circum3tances, held, a stranger to Presiding Officer.

M. A. Khadim for Appellant.

Syed Sajjad for Respondent.

This is a petition under section 36‑C (b) of Industrial Relations Ordinance, 1969 for the transfer of this appeal from Punjab Labour Court No. 4 to any other Court of competent jurisdiction.

2. The grounds for transfer are: ‑

(1) That the appeal was originally filed before Punjab Labour Court No. 2, Lahore which had granted status quo order directing the respondent not to transfer the petitioner from the Colony Textile Mills, Ginning Factory, Mumtazabad, Multan to colony Textile Mills Limited, Islambabad, Multan, and from Multan to the Head Office of the Company at Lahore. After the establishment of Labour Court No. 4, Multan, this appeal was transferred so that Court because of the change in the territorial jurisdiction. Punjab Labour Court No. 4 which was then siezed of the case sent notices to the parties to appear before it on 10‑8‑74. The petitioner made a request for adjournment on the ground that he could not produce his counsel. The respondent s counsel submitted that the Petitioner being a workman of seasonal factory could not be retained in one or the sane section: in compliance with the interim order passed by the previous Labour Court, the Management, however, could give him work in the Colony Textile Mills Limited, Islamabad, Multan. Punjab Labour Court No. 4, amended the intern orders to the effect that the petitioner would not be transferred out of Multan District and during the pendency of appeal could he posted at some suitable job in the Colony. Textile Mills Limited, Islamabad, Multan. It was contended that the above order was passed without hearing of parties.

(2) That the learned Presiding Officer of Punjab Labour Court No. 4 was residing in a house owned by the Manager of the Colony Textile Mills, Limited, Ginning Factory, Mumtazabad, Multan, from which factory the petitioner had been ordered to be transferred and the said manager was the respondent it in the appeal.

3. The petition for transfer was vehemently opposed by the respondent's counsel.

4. Ground No. 1.‑I have perused the order of Punjab Labour Court No. 4, dated 8‑10‑74 and find that the said order was reasonable under the circumstances.

5. Ground No. 2.‑I have perused the comments of the learned Presiding Officer of Punjab Labour Court No. 4 and find that the house in question is owned by the wife of Syed Akbar Ali, Manager, Colony Textile Mills Limited and it was rented before he had started functioning at Multan. In any A case this is no valid ground for transfer because learned Presiding Officer is only occupying the house in the capacity of a tenant and had not known that the owner was the wife of the Manager of the Colony Textile Mills, who is complete stranger to him.

In the result I find no force in this petition, which is hereby dismissed.

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