| Citation(s) |
|---|
| 1988 SLG 1123 1988 SLD 1123 1988 PLC 502 |
Labour Appellate Tribunal, Punjab
Revision No. GA-632 of 1987, decided on 8th December, 1987.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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Revision No. GA-632 of 1987, decided on 8th December, 1987.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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SANAULLAH JAHANGIR SHEIKH
VS
VICEPRESIDENT, ZONAL OFFICE, UNITED BANK LTD., SIALKOT
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3-a)--Transfer--Interim stay--Bank employee challenging transfer order on plea of mala fides--Transfer made after continuous stay of three vicars prima facie in routine--Grievance notice not proved to have been served--Petitioner having no arguable or prima facie case--Any allowances if not paid due to transfer could otherwise be claimed--Refusal of stay order not resulting in a loss which could not be calculated in terms of money not amounting to irreparable injury--Order of Labour Court refusing interim stay order, held, was justified and interference in revision refused by Appellate Tribunal. Malik Ghulam Rasool for Petitioner. Date of .hearing: 7th December, 1987. JUDGMENT This is a revision reporting that the order dated 6-12-1987 recorded by the learned Presiding Officer, Punjab Labour Court No.7, Gujranwala dismissing the application for interim stay is wrong and improper. 2. The petitioner is grade-III officer and he has been transferred from Sialkot to Zafarwal, a place situated at about 40 miles from Sialkot. The distance has been given as alleged by the petitioner. The petitioner has, challenged the transfer order in his grievance petition pleading mala fide. The ground is that his cases are pending against the management, therefore, with mala fide intention he has been transferred. However, this is an admitted fact that the petitioner has been transferred after his continuous stay for three years at Sialkot. 3. It has been argued by the learned counsel for the; petitioner that initially- the ad interim stay was issued by learned Punjab Labour Court No.l, Lahore since at that time there was no Presiding Officer in Punjab Labour Court No.7, Gujranwala and the learned Presiding Officer after resuming charge, called for the file from learned Labour Court No.l on several dates but it was not received and without looking into the file he dismissed the application for ad interim stay, therefore, the order is not maintainable. He has also argued that once the learned lower Court had passed an order that the stay petition would be disposed of after receipt of record, it could not change its…
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