Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) --- S. 38-Transfer of case.--Grounds---Reasonableness of any apprehension or fear in the mind of a party in obtaining justice from Court-Allegations of unfair attitude-Reasonably and thoroughly explained by Presiding Office--No grounds to rebut explanation of Presiding Officer--Transfer prayer, in circumstances, rejected. P L D 1973 S G 327 rel M. L. Shahant for Petitioner. A. H. Rizvi for Respondents. Date of hearing: 26th November 1977. DECISION This order will Opine of two Transfer Applications bearing Nos. 230/77 and 231/77. The fir seeks the transfer of two Criminal Cases No. 116 and 117/74filed against the petitioner under section 36-E and sections 54 and 55 of the i. R. O., 1969 from Sind Labour Court No. III at Karachi where as the latter similarly prays for the transfer of two Applications Bearing Nos. 148 and 150/77 filed against the petitioner under section 51, I. R. O., 1969 in the same Labour Court No. III at Karachi. 2. Briefly, the facts giving rise to these matters are that the services of the two respondents Nos. 2 and 3, Umer Muhammad son of not known and Abdul Rashid son of not known were terminated by the petitioner on 16-6-64 but they were, re-instated in service by an order of the Junior Labour Court dated 15-8-1974. The petitioner filed an appeal against this order in Labour Court No. III which was rejected by that Court. Never­theless, these two respondents Nos. 2 and 3 were not re-instated in their service with the petitioner and consequently, they filed two complaints against the petitioner under section 36-B and sections 34 and 55, I. R. O. on 18-9-1974. Process was issued and charges framed by the Labour Court No III where these two complaints had been filed. The petitioner then filed Constitutional Writ Petition No. 1;537/74 in the High Court at Karachi and got a stay order therefrom t but on 1-i1-19'6 the present acting Chief Justice, Mr. Justice Agha Ali Harder dismissed this writ petition and vacated the stay order. Thereafter, on 24-12-1976 the aforesaid respondents Nos. 2 and 3 applied to the Labour Court No. III to proceed with these two complaints and accordingly a fresh process…

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