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Initializing Secure Chambers
Petitioner: GULZAR HUSSAIN DAR VS Respondent: WALI MUHAMMAD MAMDANI
Court Name: Labour Appellate Tribunal Judge(s): Inamullah Khan Title: GULZAR HUSSAIN DAR vs WALI MUHAMMAD MAMDANI Case No.: Date of Judgment:1973-05-23 Reported As: 1975 PLC 867 Result: Complaint No. 8 of 1973
Judgment DECISION This is an application for transfer of , pending before the Fifth Sind Labour Court, Karachi. Mr. Itrat A. Hameed Puri, the learned Representative for the applicant, candidly states that he has no allegation against the learned Labour Court. The apprehension in the mind of his client has arisen that he will not get fair trial from the learned Labour Court because of the following order, which his client has received through the Bailiff of the Court "The provisions of I6,1. R. O. appear to have been violated. Accused stands charged under section 54 of I. R. O." 2. Section I6 of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance), deals with "unfair labour practices on the part of workmen." The applicant before me is not a workman. The contention was that the applicant being not a workman, the provisions of section I6 of the Ordinance would not be attracted and, therefore, the applicant could not be charged under section 54 of the Ordinance. The order at best may be said to be not in keeping with the provision of law, but that cannot be said to raise a reasonable apprehension in the mind of any one that he will not get justice from the Court. The learned Representative for the applicant can take this point before the learned Labour Court. I have no doubt the learned Labour Court would consider this aspect of the case. No one appears to oppose the application. The application is dismissed. The order staving the proceedings is also vacated.