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Application No: ICAR‑578 of 1983, decided on 31st October, 1983.
‑‑‑S. 38 (7)‑Transfer application‑Two earlier orders passed by Labour Court adverse to applicant‑Legal remedy against such orders not availed‑Legality or correctness of such orders, held, cannot be challenged by way of transfer application and such ground not competent for transfer of case.
Umar Din v. Karachi Metropolitan Corporation N L R 1980 T D 436 rel.
Mirza Muhammad Kazim for Applicant.
M. M. Jeelani for Opponent No. 3.
Date of hearings 24th October; 1983,
By this application made under sub‑clause 7 of section 38, 1. R. O., the applicant who has preferred an application No. 15 of 1983 under section 8 (7), I. R. O. 1969, which is pending for adjudication before the learned 1st Labour Court, seeks transfer of the same to some other Court.
2. The ground on which the transfer has been sought is that the learned Court has passed orders, dated 7th June, 1983, 18th June 1983 and 13th September, 1983 in application Nos. 4/82, 6/83 and 7/83, respectively, adverse to the interests of the applicant. It has been contended by his learned counsel, Mr. Muhammad Kazim Mirza that the applicant has a reasonable ground of apprehension that he shall not receive justice from the Court, inasmuch as justice has not only to be done but it should appear to be done. Mr. M. Jeelani, the learned counsel appearing on behalf of the opponent has opposed the transfer application.
3. What I find from the material available on the file that in the round of litigation going on between the parties, the first order, dated 7th June, 1983, was passed in an application which has been finally disposed of. The remedy by way of appeal was available but was not restored to. A Constitutional Petition against the order was filed but it was dismissed as withdrawn by the High Court, vide order, dated 13th September; 1983. So far the two other orders are concerned, they disclose detailed reasons and no legal remedy has been availed of against those orders. I do not think their legality or correctness can be challeng ed byway of this transfer application. What I further find that no A untoward conduct has been attributed and even alleged against the learned Labour Court while dealing with the judicial, proceedings between the parties I do not think such a situation should give rise to reasonable apprehension to the appellant that he will not receive justice from the Court. The learned counsel appearing on behalf of the parties in support of their respective contentions have relied on the decisions of this Tribunal of which the one in the case of Umar Din v. Karachi Metropolitan Corporation (1), is applicable on all fours in the facts and the circumstances of the present case. It was held therein that the only reason that the Labour Court had passed two earlier orders adverse and the applicant was not a competent ground for transfer of the case.
4. Accordingly, I do not find merit in this transfer application and dismiss it. However, the learned counsel for the parties requested for early disposal of the case and I direct that the learned Labour Court shall proceed with the matter from day to day as far as possible and finish it within a period of one month.
A B Application dismissed.
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