Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 38(7)

Industrial Relations Ordinance (XXIII of 1969)  S. 38(7)-Transfer of cases from one Labour Court to another Considerations-Not purely judicial but executive-cum-judicial-No legal bar to exercise of powers of transfer by Appellate Tribunal more than once-Labour Court having territorial jurisdiction not func tioning - Application for transfer granted by Appellate Tribunal Labour Court having jurisdiction functioning subsequently-Transfer of case to such Labour Court on second application, in circumstances, allowed-Exercising power of transfer second time, in such situation, held, does not amount to review of previous order.                                                                                                                                                 JUDGMENT Farrukh Naeem Butt, respondent, filed a petition under section 25-A of the Industrial Relations Ordinance, 1969, before Punjab Labour Court No. 5, Faisalabad on 7-8-1980 against his termination order dated 24-5-1980. On that day i. e. 7-8-1980 the said Labour Court was not functioning as the Presiding Officer had gone abroad on long leave. Therefore, on 9-8-1990 the respondent filed a petition under section 38(7) of the Industrial Relations Ordinance, 1969, before this Tribunal for transfer of the case from Punjab Labour Court No. 5, Faisalabad to Punjab Labour Court No. 1, Lahore. It was mentioned in the transfer petition that even the Presiding Officer of Punjab Labour Court No. 4. Faisalabad was on leave till 22-8-1980. It was further mentioned in it that the matter was very urgent one as the interim relief bad been prayed for in the petition alongwith the main case and that the order regarding the interim relief sought for must be passed within a very short time, which was not possible from Punjab Labour Court No. 5 or 4,…