Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- ---S.25-A--Civil Procedure Code (V of 1908), O.XXXIX, Rr.l & 2-­Transfer--Temporary injunction--Railway employee transferred-­Transfer order cancelled after implementation--Cancellation order challenged before Labour Court being in exigencies of service--Labour Court finding impugned order prima facie, without blessing of law-­Petition being arguable, application for temporary injunction suspending impugned order during pendency of grievance petition was accepted-­Held: (i) employer has a right under public convenience to shift employee earlier than normal tenure (3 years in Pakistan Railways) but not in routine manner; and (2) where a person feels that he has been transferred not in public interest but on extraneous considerations he suffers mental agony which is an irreparable loss. ORDER This order will dispose of an application under Order 39 Rules 1 and 2, C.P.C. which has arisen in the following circumstances. 2. Malik Muhammad Anwar, petitioner was working as Sanitary Inspector at Faisalabad. By an order dated 19-3-1987 he was transferred and posted in the same capacity at Moghalpura vice Mr. Muhammad Iqbal respondent No.3 who was transferred in the same capacity at Lahore Railway Station in shift III. This order was implemented because the petitioner reported for duty and took over charge on 24-3-1987. The General Manager (P) by an order dated 5-4-1987 cancelled the transfer of Muhammad Iqbal and instead of him, directed Malik Muhammad Anwar to be posted at Railway Station, Lahore. In compliance of this order, the Divisional Medical Officer issued an order dated 6-4-1987 by which he relieved the petitioner so as to resume duty at Railway Station, Lahore. The petitioner felt aggrieved and challenged the correctness of the order inter alia on the ground that he could not be transferred from Moghalpura without having completed his normal period of three years. His transfer to Lahore Railway Station was an act of unfair Labour practice on the part of the employer because he is an active trade union leader. He has prayed that the order of his transfer to Lahore Railway Station should be declared as illegal…

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