Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ---Ss. 15, 22-A (8) (g) s 53 (1-A)--Provisional Constitution Order (1 of 1981), Art. 9--National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln. No.32 (2) (c)--Complaint against order of transfer--Employee also filing application for interim prohibitory order--Industrial Relations Commission ordering keeping in abeyance order of transfer of employee--Complaint against transfer and application under Regln. 32 being directed against same order of transfer in respect of same person manifested two inconsistent positions taken, by employee which could not be taken--Since order of transfer was complete and final, there being no question of any threat or intended transfer, order of Industrial Relations Commission holding order of transfer in abeyance was declared to have been passed without lawful authority and of no legal effect in Constitutional jurisdiction of High Court. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 53--Complaint against transfer--Such complaint, held, being within 'competence could be proceeded with by National Industrial Relations Commission in accordance with law. Mamoon Kazi for Petitioner. Respondent No.2 (absent). Date of hearing: 16th April, 1985. JUDGMENT TANZIL-UR-REHMAN, J.--This is a constitutional petition filed under Article 9 of the Provisional Constitution Order, 1981 which, for reasons to be recorded separately, was allowed by us just after the conclusion of the arguments, by a short order of this date. The said order reads as under:- "Upon hearing Mr. Mamoon Kazi, we grant this petition and hold that the order of respondent No.l, dated 29-3-1983 keeping in abeyance an order of the petitioner transferring the respondent No. 2 from Hyderabad to Mirpurkhas is of no legal authority and void. For the reasons to be recorded separately the petition is allowed to that extent but there shall be no order as to costs." 2. The facts leading to this petition are that the petitioners are a Banking Company. Its ownership, management and control vest in the Federal Government under the Banks Nationalisation Act, 1974. Respondent No.2 was…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492