1994 PLP 1031 (SCMR)

However, the above provision cannot be equated with section 24 of the Civil Procedure Code. An application under the above Article cannot be entertained as a matter of course but a very strong case is to be made out to demonstrate that the transfer sought will advance the cause of justice. Simpliciter inconvenience to a party or the factum that the Court where the case has been instituted has no jurisdiction, will not be sufficient. The proper course for the petitioner is to take up the plea of jurisdiction before the High Court and in case the above plea is decided against the petitioner, it may approach this Court. Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner. Ejaz Muhammad Khan, Advocate‑on‑Record for Respondents. Date of hearing: 6th February, 1994. AJMAL MIAN, J.‑‑‑This is a petition under Article 186‑A of the Constitution of the Islamic Republic of Pakistan, 1973, hereinafter referred to as the Constitution, for the transfer of Constitution Petition No.D‑725 of 1992 titled Muslim Commercial Bank Limited v. Registrar, Industrywise Trade Unions and others from the file of the High Court of Sindh to the file of the Lahore High Court, Rawalpindi Bench, on the ground that the petitioner Trade Union is registered by the Registrar, Industrywise Trade Unions of National Industrial Relations Commission at Islamabad and that it has also been certified as C.BA. of the Zones comprising Rawalpindi, Islamabad and Wah. In addition to the above ground, it has been stated that the management of the bank as employer under the law has no concern either with the registration of a Trade Union or its certification as C.BA. and, therefore, it could not have filed the above Constitution Petition No. D‑725 of 1992 in the High Court of Sindh at Karachi for challenging the above registration and certification and that the Sindh High Court at Karachi had no jurisdiction. It has been further stated that it will not be convenient to the petitioner Trade Union to defend the above Constitution petition in the Sindh High Court.

2. There is no doubt that under Article 186A of the Constitution, which reads as follows:‑‑ "186A. The Supreme Court may, if it considers it expedient to do so in the interest of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court:' This Court has jurisdiction to transfer any case, appeal or other proceedings pending before any High Court to any other High Court if it considers it expedient to do so in the interest of justice.

3. However, the above provision cannot be equated with section 24 of the Civil Procedure Code. An application under the above Article cannot be entertained as a matter of course but a very strong case is to be made out to demonstrate that the transfer sought will advance the cause of justice. Simpliciter inconvenience to a party or the factum that the court where. The case has been instituted has no jurisdiction, will not be sufficient. The proper course for the petitioner is to take up the plea of jurisdiction before the High Court of Sindh and in case the above plea is decided against the petitioner, it may approach this Court.??

4. We are not inclined to grant the above petition and, therefore, it is dismissed. M.BA/M‑2000/S???????????????????????????????????????????????????????????????????????????????? Petition dismissed.