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August 28, 2005 Sunday Rajab 22, 1426

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Transfer of case: SHC suspends ITNE orders


KARACHI, Aug 27: The Sindh High Court has suspended the orders passed by the Implementation Tribunal for Newspaper Employees to transfer the cases of Dawn employees to a labour court.

The Pakistan Herald Publications Limited said in its petitions that the ITNE chairman order to transfer cases were violative of an injunction issued by the SHC. Ten revision petitions were moved against as many transfer orders. The petitions, which came up for hearing before Justice Mushir Alam on Thursday, were admitted to regular hearing and the transfer of cases was suspended in the meantime.

Representing the petitioner, APNS counsel Abdul Hafeez Pirzada and PHPL counsel Mohammad Humayun argued that the ITNE chairman was not vested with the transfer power under Section 13 of the Newspaper Employees (Conditions of Service) Act, 1973. He could not transfer his judicial powers, much less cases pertaining to recovery or directions in respect the amounts allegedly due under the wage award, to labour courts. He was empowered to transfer criminal cases and proceedings only.



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