2012 PLP 449 (PLC)

HAFIZ ABDUR REHMAN ANSARI (CHAIRMAN).

This is an application for transfer of the grievance petition titled as Tanvir Munir v. P.M.G. Southern etc. from the Labour Court No.10, D.G. Khan to Labour Court No.9, Multan which is presently being proceeded in Labour Court D.G. Khan.

2. This application is filed under section 47(10) of Punjab Industrial Relation Act, 2010 which is reproduced as under:

"A Tribunal may on its own motion or on the application of a .party, transfer any application or proceedings from a Labour Court subject to its appellate jurisdiction to any other such Labour Court. "

3. Learned counsel for the applicant submitted that he tiled above titled grievance petition on 9-3-2011 before Labour Court No.9, Multan for regularization of his service. He further submitted that written statement was filed by the respondent Postal Department and case was fixed for recording of evidence. It is further stated that a new Labour Court was constituted/established at D.G. Khan since 1-7-2011. All the cases pertaining to D.G. Khan Division pending before Labour Court Multan were transferred to this newly established Labour Court at D.G. Khan. The instant case sought to be transferred from D.G. Khan Labour Court to Labour Court No.9, Multan was transferred along with others cases where the new court was established at D.G. Khan.

4. Learned counsel for the applicant submitted that both the counsel in the above titled grievance petition belong to Multan and practicing at Multan. Learned Counsel for applicant submitted that counsel for the respondent has no objection on the transfer of the case from the Labour Court D.G. Khan to Labour Court No.9, Multan. He further submitted that both the Labour Courts mentioned above have jurisdiction in the matter.

5. Learned counsel further submitted that Labour Court D.G. Khan is still at the initial stage and settling its affairs. It is further submitted that transfer of the case from the Labour Court D.G. Khan to Labour Court No.9, Multan will also facilitate official representative of postal department for appearance before the transferee Court i.e. Labour Court No. 9, Multan.

5. I have heard the learned counsel for applicant. The consent of both the parties cannot vest jurisdiction in the court if the relevant law does not vest jurisdiction. No doubt the case was filed at Multan before the Labour Court No.9, at that time when there was no Labour Court at D.G. Khan, for D.G. Khan Division. When a court is established there, the instant grievance petition was transferred to Labour Court D.G. Khan, as it pertains to the jurisdiction of Labour Court D.G. Khan. The applicant Tanvir Munir son of Muhammad Munir postman Beet Meer Hazar Post Office Tehsil Jatoi is posted in the territorial jurisdiction of D.G. Khan Labour Court No.10. Respondent No.2 who issued appointment order of the applicant his office is situated at Muzaffargarh. The appointing authority of the petitioner/applicant is respondent No.2 whose office is situated at Muzaffargarh. The petitioner/applicant through grievance petition is seeking regularization of his service. All facts of the grievance petition pertains to District Muzaffargarh which falls in the D.G. Khan Division. Labour Court D.G. Khan has only jurisdiction to grant relief sought by the petitioner in his grievance petition. Further no allegation of any sort is levelled against the Labour Court D.G. Khan. Neither any prejudice is alleged against the Labour Court D.G. Khan. Mere consent of both the parties and convenience of both the parties cannot vest jurisdiction in the Labour Court No.9, Multan. It is held in PLD 2006 SC 328 titled as (MULTAN ELECTRIC POWER COMPANY LTD. Through Chief Executive and another v. Muhammad Ashiq and others), jurisdiction of Court or Tribunal would be conferred by law and not by consent of parties, express or implied.... Consent could not confer or take away jurisdiction.

7. This transfer application has no legal force and is dismissed in limine. HBT/20/PLT Transfer application dismissed.