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Application No. KAR‑746 of 1980, heard on 2nd November, 1980.
----S. 38‑Transfer of case from one Labour Court to another‑Sufficient ground ‑ Application filed 6 years earlier before Labour Court K‑‑Cause of action arose within jurisdiction of Labour Court K which already seized of matter‑Respondents residing within its jurisdiction‑Transfer sought for on ground, that headquarter of applicant shifted to H‑Ground, in circumstances, held, not sufficient for transfer.
Syed Ahmed Faruqui for Applicant.
Date of hearing : 2nd November, 1980.
This is an application by the Assistant Engineer, Maintenance Sub -Division, praying for the transfer of Applications Nos. 26/74, 27/74 and 28/74, all under section 50 (1), I. R. O. from the learned Fifth Labour Court at Karachi to the learned Sixth Labour Court at Hyderabad. The sole ground on which the transfer application has been based is that the Machinery Maintenance Sub‑Division, which was originally based at Karachi, has sine: been shifted to Hyderabad and all the employees of that Sub‑Division accordingly are now working at Hyderabad. This cannot be considered to be a sufficient ground for the transfer of the application in question. It appears that the said applications were filed in the year 1974, but because of appeals having been filed and subsequently the matters having been taken to the High Court in the exercise of its Constitutional jurisdiction, the said applications unfortunately continue to be pending The transfer of these applications from the Court at Karachi to the Labour Court at Hyderabad would only further delay the disposal of those applications which already have been hanging fire since the past over six years. Moreover, admittedly, all the three respondents are residing at Karachi and it would be difficult for them, being workmen, to perused their applications at Hyderabad. Finally the cause of action admittedly arose within the jurisdiction of the Karachi, Labour Court.
I, accordingly, see no justification for transferring these applications to the Labour Court at Hyderabad. The transfer application is rejected.
Application rejected.
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