Law:

Section:

IndustrialRelations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Transfer due to re-organization--Such transfer being lawful, held, did not amount to infringment of any right guaranteed or secured under law--Grievance petition against such transfer, was rightly dismissed by Labour Court as not maintainable. 1970 0 L C 819 rel. Ch. Rasheed Ahmad for Appellant. Mahmood Iqbal for Respondent. Date of hearing: 26th July, 1987. DECISION This is an appeal against an impugned order, dated 31-10-1985 passed by the Sind Labour Court No.III, Karachi, who had dismissed the grievance petition under section 25-A I.R.O. 1969, of the appellant. 2. Brief facts of the case are that the appellant claimed to be a permanent workman of the respondent Corporation having more than 15 years of service to his credit as Auto Mechanic in the Transport Department and that he was granted an Ex-Pakistan leave for 165 days with effect from 20-11-1983, but, on 2-5-1984, when he reported for duty at the Head Office on the expiry of the said leave he was not allowed to do so and was verbally directed to join the duties at Shahdad Kot Textile Mills. He further claimed that due to this arbitrary, illegal and abrupt action of verbal threats of transfer coupled with the threats of removal from service, he was mentally and physically effected, therefore, he rushed to the Medical Officer who had advised him complete rest. The appellant further claimed that thereafter he served a grievance notice upon the respondent Corporation and subsequently filed his grievance petition before the Labour Court with a prayer to set aside the verbal threats of transfer and to direct the respondent Corporation to take him back on duty with all consequential reliefs. 3. The respondent Corporation resisted the petition on two grounds. Firstly, that the appellant was rightly transferred to Shahdad Kot Textile Mills, vide General Order of Transfers dated 15-1-1984 A due to re-organization of the P. I.D.C. under the orders of the Federal Government and thus the transfer of an employee was an inherent right of a management which cannot be challenged and that the request of the appellant for…

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