1974'P L C 258 (PLP)

Wasi Ahmad for Applicants. Muhammad A. Ghani for Respondent No. 2 Date of hearing: 22nd August 1973. DECISION These are eleven applications for transfer of appeals pending before the Presiding Officer of Sind Labour Court No. Ill, Karachi. The grounds for transfer are two‑fold, namely: (1) That though the law requires that the appeals should be disposed of within twenty days, the appeals which were filed on 21st March 1973, had remained pending till now. It is submitted that this has caused prejudice to the applicant; and ‑ (2) That as the appeals were not disposed of within twenty days, the applicants in law were entitled to be re‑instated. The opposite‑party did not re‑instate the applicants. The applicants were obliged to file a complaint before the learned Labour Court on 20th June 1973. No cognizance of the complaint had been taken so far.

2. I had called for the remarks of the learned Labour Court. The learned Labour Court has given an explanation for this inordinate delay. I am not satisfied with the explanation that the learned Labour Court has given for this long delay. The question, however, is as to whether mere long delay can be said to be a sufficient ground for transfer. There are number of cases, which are pending before the Labour Courts, which are more than two years old. If I were to accept this to be a sufficient ground for transfer, there will be no limit for transfer applications. The main question to be determined is as to whether the grounds for transfer are such which can give reasonable apprehension in the mind of the applicants that they will not get justice from the Court in which their matters are pending. I do not think, in the absence of anything specific in the applications, that mere long delay in disposal of the appeals are good A ground for transfer of these matters to another Court. The 1earned Labour Court as a responsible official of Labour Judiciary must realize his responsibility and should not delay disposal, of appeals pending before him. I would have much appreciated if the learned Labour Court had sat beyond the Court Hours and disposed of these appeals. I have no doubt that the learned Representatives would have willingly co‑operated in his effort to dispose of these appeals, Pven if they hart to sit beyond Court Hours.

3. The interest of justice also do not require that I should transfer these matters to any other Labour Court. The learned Labour Court has heard the arguments of the representatives of the parties for four days. He should dispose of these matters in the next week.

4. With these observations, I would dismiss these Transfer Applica tions.