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Application No. D. G. Khan‑317 of 1982, decided on 27th November, 1982,
‑‑ S. 38‑Transfer of case‑Appeal against order of Authority under Payment of Wages Act, 1936 pending before Labour Court Sought to be transferred that Labour Court on petition under S. 25‑A of Industrial Relations Ordinance, 1969 had already made up its mind against applicant by attributing mala fide to it‑Labour Court, in circumstances, held, does not mean to be prejudiced Application for transfer rejected.
Amir‑ud‑Din Ansari for Petitioner.
Date of hearing : 8th November, 1982.
The P. R. T. B. seeks the transfer of the appeal brought against order, dated 30th May. 1982 passed by the Authority under the Payment of Wages Act, from Labour Court No. 9, Multan to any other Labour Court. The facts are that the respondent was transferred from Dera Ghazi Khan to Chakwal and he challenged the said order as mala fide. The petition was accepted. Appeal brought to this Tribunal and the writ petition brought to the High Court failed. The withheld wages for the period from August, 1979 to March, 1981 therefore, the respondent brought petition to the Authority under the Payment of Wages Act which was accepted and Rs. 15,526 the deducted wages plus one time compensation totaling Rs. 31,050 were directed to be paid to the respondent. The petitioner's appeal against the said order is pending before Labour Court No. 9 and the same is subject to be transferred. The grounds are that the Court has already made up his mind while deciding 25‑A petition by going to the extent of attributing mala fide to the petitioner and that the Authority under the Payment of Wages Act has made the order of the Labour Court No. 9, Multan the basis of his decision. Since ground to challenge the transfer was that the transfer was mala fide the Labour Court had to express its opinion one way or the other but it does not mean that the Court is prejudiced or' will in all probabilities reject the appeal. The matter is not the same. In 25‑A petition transfer order was challenged and in . the petition brought to the Authority under the Payment of Wages Act the deduction of wages for the period the transfer order remained has been challenged. If the petitioner succeeds in showing that the deduction was justified the Labour Court accept its appeal. No ground for transfer of the appeal. The petition is dismissed in limine.
A. E. Application dismissed.
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