MUSLIM COMMERCIAL BANK LIMITED EMPLOYEES' UNION, ISLAMABAD, RAWALPINDI AND WAH ZONES through its General Secretary vs MUSLIM COMMERCIAL BANK LIMITED, KARACHI and others
This matter concerns a petition filed under Article 186-A of the Constitution of the Islamic Republic of Pakistan 1973, seeking the transfer of a constitutional petition pending before the High Court of Sindh to the Lahore High Court, Rawalpindi Bench. The petitioner, a trade union, argued that because its registration and certification as a Collective Bargaining Agent occurred in Islamabad, the Sindh High Court lacked jurisdiction, and defending the case in Karachi caused inconvenience. The Supreme Court addressed the scope of its power under Article 186-A to transfer proceedings between High Courts. The Court held that while it possesses the authority to transfer cases in the interest of justice, this power is not equivalent to Section 24 of the Code of Civil Procedure 1908 and cannot be invoked as a matter of course. The Court established the principle that mere inconvenience to a party or an assertion of lack of jurisdiction is insufficient to warrant a transfer. Instead, the appropriate legal remedy is to raise the plea of jurisdiction directly before the High Court where the case is pending.
- Does the Supreme Court's power to transfer cases under Article 186-A of the Constitution of the Islamic Republic of Pakistan 1973 equate to the power of transfer under Section 24 of the Code of Civil Procedure 1908?
- Is mere inconvenience to a party or an assertion of lack of jurisdiction sufficient grounds for the Supreme Court to transfer a case between High Courts?
- Should a party seeking to challenge the jurisdiction of a High Court file a transfer petition in the Supreme Court or raise the plea before the High Court itself?
- Article 186-A, Constitution of the Islamic Republic of Pakistan 1973
- Section 24, Code of Civil Procedure 1908
ORDER
' AJMAL. MIAN, J.---This is a petition under Article 186-A of the Constitution of the Islamic Republic of Pakistan, 1973, hereinafter referred to as the Constitution, for the transfer of Constitution Petition No,D-725 of 1992 titled Muslim Commercial Bank Limited v. Registrar, Industrywise Trade Unions and others from the file of the High Court of Sindh to the file of the Lahore High Court, Rawalpindi Bench, on the ground that the petitioner Trade Union is registered by the Registrar, Industrywise Trade Unions of National Industrial Relations Commission at Islamabad and that it has also been certified as C.BA. Of the Zones comprising Rawalpindi, Islamabad and Wah. In addition to the above ground, it has been stated that the management of the bank as employer under the law has no concern either with the registration of a Trade Union or its certification as C.BA. And, therefore, it could not have filed the above Constitution Petition No, D-725 of 1992 in the High Court of Sindh at Karachi for challenging the above registration and certification and that the Sindh High Court at Karachi had no jurisdiction. It has been further stated that it will not be convenient to the petitioner Trade Union to defend the above Constitution petition in the Sindh High Court.
2. There is no doubt that under Article 186A of the Constitution, which reads as follows:-- "186A. The Supreme Court may, if it considers it expedient to do so in the interest of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court."
' This Court has jurisdiction to transfer any case, appeal or other proceedings pending before any High Court to any other High Court if it considers it expedient to do so in the interest of justice.
3. However, the above provision cannot be equated with section 24 of the Civil Procedure Code. An application under the above Article cannot be entertained as a matter of course but a very strong case is to be made out to demonstrate that the transfer sought will advance the cause of justice.
Simpliciter inconvenience to a party or the factum that the court where the case has been instituted has no jurisdiction, will not be sufficient. The proper course for the petitioner is to take up the plea of jurisdiction before the High Court of Sindh and in case the above plea is decided against the petitioner, it may approach this Court.
4. We are not inclined to grant the above petition and, therefore, it is dismissed.
Cited by 2 cases
- Muhammad Saleem Baig, Chairman Pakistan Electronic Media Regulatory 2023 PLD Supreme Court 27
- Muhammad Saleem Baig, Chairman Pakistan Electronic Media Regulatory 2022 SCP 352