- (1.) Heard learned Counsel for the applicant. The applicant has filed this application under section 24 C.P.C. for transferring Case No. 27 of 2009 (Ramshabad Mishra v. M/s. Azamgarh Road Lines and others), pending before the Industrial Tribunal (3) U.P. Kanpur to Industrial Tribunal at Allahabad. Ex facie of the opinion that Industrial Tribunal is not a Court subordinate to the High Court, the Court inquired from the Counsel as to how the Transfer Application under section 24 C.P.C. for transferring the case from one Industrial Tribunal to another is maintainable. The Counsel was unable to answer and make any submission.
(2.) Section 24 of the C.P.C. contains the general power of transfer and withdrawal of suit from one Court to another. It provides that a High Court or the District Court may at any stage withdraw any suit, appeal or other proceedings pending in any Court subordinate to it and transfer the case for trial or disposal to any Court subordinate to it and competent to try or dispose of the same.
(3.) The relevant portion of section 24 C.P.C. is reproduced herein below:- "24. General power of transfer and withdrawal.-(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage- (a) XXX XXX XXX. (b) withdraw any suit, appeal or other proceedings pending in any Court subordinate to it, and- (i) XXX XXX XXX. (ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or (iii) XXX XXX XXX. (2) XXX XXX XXX. (3) XXX XXX XXX. (a) XXX XXX XXX. (b) XXX XXX XXX. (4) XXX XXX XXX. (5) XXX XXX XXX.;