1. ' JUSTIICE (RETD.) ALI MUHAMMAD BALOCH (CHAIRMAN).--- This is an application for transfer of Grievance Petition No,12 of 2009 under section 46(8) of the I.R.O. 2002 (repealed) presently pending in the Court of the Presiding Officer, Sindh Labour Court No,VII, Sukkur, which is lying vacant, and that this matter which was filed in the year 2008 before the Labore Court may be transferred to any other Labour Court for hearing this case. Today the above named three applicants are present along with their counsel Mr. Haji Ghulam Muhammad Memon, while none for the respondents is present. Although, the Court had ordered for issuing of notice for filing of the comments. The other side is viz. The State Life Insurance Corporation of Pakistan is having its office in all the major cities of Pakistan. The notices were issued to it at Karachi and Sukkur addresses. The record shows that on 1-2-2010 on the direction of this Tribunal the office had issued notices to the respondents for filing its comments through courier service. The Receipt Nos.306004094849-50 and 51 show that such notices were sent through TCS on 2-2-2010, but none has appeared on behalf of the respondents.
2. ' I have heard in detail Mr. Haji Ghulam Muhammad Memon, learned counsel for the applicants who has relied on a reported case of the honourable High Court of Sindh, 2002 PLC 258 which was decided by a Division Bench, and it was held therein that jurisdiction to transfer of a case even without notice was available to the Tribunal and it has the powers to transfer the case from one Court to another Court in the interest of justice and that such transfer should be justified as the justice has to be even handed and transparent. Admittedly, the Labour Court, Sukkur is lying vacant and it was not known when the Presiding Officer at Sukkur will come and take over and then decide this case. Consequently, I find it to be in the interest of justice to order the transfer under section 55(8) of the Industrial Relations Act, 2008 of Case No,12 of 2009 to the next nearest Court which is the Labour Court at Hyderabad. Hence this application is allowed and it is ordered that the case may be accordingly transferred to the Labour Court No,VI, Hyderabad it will be proper to direct that in view of the National Judicial Policy the Transferee Court may decide this case without further loss of time after serving the parties.