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Petitioner: QAMARUZZAMAN SUBHANI VS Respondent: Messrs MAYMAR HOUSING SERVICES (Pvt.) LTD., KARACHI
Court Name: Labour Appellate Tribunal Judge(s): Ahmed Ali U. Qureshi Title:QAMARUZZAMAN SUBHANI vs Messrs MAYMAR HOUSING SERVICES (Pvt.) LTD.,
KARACHI Case No.: Application No, KAR-366 of 1991 Date of Judgment:1991-09-05 Reported As: 1992 PLC 357 Result: Application dismissed Judgment DECISION ' Heard Mr. Siddique Mirza for the applicant. ' This is an application for transfer of the proceedings under section 51 of I.R.O., 1969 pending before the learned Labour Court No, 5 at Karachi to some other Court. 2. The main ground urged by Mr. Siddique Mirza is that under section 51(1) the learned Labour Court had only to pass an order directing the recovery of the amount of dues and Land Revenue arrears and could not enter upon enquiry as to quantum of the amount due and also allow question in cross-examination with regard to the employment of the applicant with some other employer. I need not comment whether the procedure adopted by the learned Labour Court was proper or improper as a competent Court can pass legal order or in some case even orders, which are not strictly considered to be legal. In case of an illegal order the party is left with option to file appeal or revision in the higher forum. But the mere fact that Court did not proceed as per wishes of a party would not give that party right to move transfer application. I do not find any ground to transfer the proceedings. The transfer application is dismissed in limine.