Law:

Section:

Banks (Nationalisation) Act (XIX of 1974)- -- S. 13 (2) read with Industrial Relations Ordinance (XXIII of 1969), S. 8-A-Bank employee Office-bearer of Trade Union­ Transfer -Application for registration of trade union pending before Registrar-Permission for transfer, held, essential. A. R. Sheikh for Appellant. Munawar Ahmad Javed for Respondent. Date of hearing : 16th November, 1982. JUDGMENT The facts giving rise to this appeal from the decision, dated 30th July, 1981 passed by the learned Presiding Officer, Labour Court No. 5, Faisalabad, are that the respondent was transferred on his re-instatement to Chak No. 275 R. B. and then to Mianwali. He challenged the order of his transfer in the Labour Court No. 4, Faisalabad. After the evidence of the parties was closed the case was alongwith other cases transferred to Court No. 5, which decided it setting aside the transfer on the ground that they were ordered in the- pendency of application for registration of a union and permission under section 8-A of the 1. R. O. had not been obtained. The said order has been challenged in this appeal. A civil suit was brought in the civil Court which issued a stay order restraining the Registrar from registering the union till the decision of the suit. In the continuance of the stay order the union was registered whereupon a contempt petition was brought in which the civil Court directed the Registrar to withdraw the order of registration. The learned lower Court set aside the transfer order on the ground that since the registration of the, union had been set aside by the Registrar the application for registration was re-opened and his transfer could not be ordered without taking permis­sion under section 8-A of the I. R. O., 1969. 2. It has been argued by the learned counsel for the appellant that firstly the impugned order is bad in law on the ground-that it was passed without jurisdiction as Court No. 4 where the application was presented and where all the proceedings because complete had no territorial jurisdic­tion, secondly that according to section 13 of the Banks (Nationalization)…

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