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1975 PLC 738

EMPLOYEES UNION vs GHAZI DECORATION SERVICE, KARACHI

Citation1975 PLC 738
CourtLabour Appellate Tribunal
Date1974-07-25
Judge(s)Inamullah Khan
ResultN/A

DECISION This is an application for transfer of a transfer application filed under section 25-A before a Junior Labour Court to another Junior Labour Court. The first question that requires consideration is whether such an application is maintainable. An objection has been taken by the opposite-party that an application for transfer of a transfer application is not maintainable. There is not much force in this contention. The relevant provision 36(c)(6) reads as under:-- "A Tribunal may transfer any application, appeal or other proceeding from a Labour Court under its appellate jurisdiction to any other such Labour Court."

2. An application for transfer is also an application and at any rate a< proceeding. The power conferred under section 36-C(6) as reproduced above is very wide and it would include the power of transfer of a transfer application to any other Labour Court. The only condition being the Labour ^ Court to which it is transferred must be under the appellate jurisdiction of the Tribunal. I would hold that the application is maintainable.

3. As serious allegations were made against the Labour Court of corruption I issued notice to the Labour Court for comments. The learned Court has denied the allegation of corruption as baseless. I have no reason to disbelieve the learned Court. The application is dismissed. *

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