Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Transfer of cases---Application for---Employers had sought transfer of cases pending adjudication in Labour Court at place ' B' to Labour Court at place ' M' on ground that Presiding Officer of Labour Court at place ' B' had bias against employers---Employers seeking transfer of cases had not placed on record a single order passed by Labour Court earlier during proceedings in manifestation of alleged bias, grudge or hatred on part of Labour Court against employers---Employers had contended that bias in the mind of Judge need not be proved by quoting concrete instances, but same could be inferred or gathered from the conduct of Judge---Held, though it could not be possible for the aggrieved party to establish alleged bias or prejudice on part of a Presiding Officer of a Court, but same had after all to be adjudged in keeping with known and accepted norms, concepts and principles of justice---Merely because a party was not satisfied with the attitude of a Judge would not be enough to raise a presumption against his independence or integrity, for if on such assumptions, this kind of practice was approved there would hardly be any Presiding Officer of Court who would remain safe from such allegations---To ensure that the Judge should perform his functions and administer justice with peace of mind in an atmosphere free of accusative utterances, it was of utmost importance that he should be protected from embarrassing pronouncements, unguarded expressions and unfounded charges directed against his independence and integrity---No instance of alleged bias or prejudice on part of Presiding Officer of Labour Court having been cited by employers who sought transfer of cases from his Court, it could not be alleged that Presiding Officer of Labour Court had got unduly prejudiced against them---Labour Appellate Tribunal, thus declined to transfer cases as prayed for by employers. 1990 PCr.LJ 205; 1994 PLC 1761; 1976 PLC 573 and 1978 PLC 432 ref. JUDGMENT By this single order, I propose to dispose of eight Transfer Applications Nos. 316/95 to 322/95 and 358/95, having been moved by M/s. Hayee Sons Sugar Mills…

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