Law:

Section:

Industrial dispute- --- Railway employee--Transfer of--Employee due to retire within 3 years entitled to remain at a station of his choice near home district and not to be transferred elsewhere--Benefit of rule, held, could not be claimed by those intending to seek premature retirement. JUDGMENT This is a revision reporting that the order dated 17-5-1987 recorded by learned Presiding Officer, Punjab Labour Court No.9, Multan is without jurisdiction and of no legal effect. 2. The facts of the case are that the respondent has been transferred from Railway Station Makhdoompur to Bakhshan Khan Railway Station vide order dated 22-2-1987 and he has challenged that order in his petition brought under section 25-A of Industrial Relations Ordinance, 1969 and applied for adinterim stay. The learned lower Court found that the respondent has a prima facie case inasmuch as he said that he would apply for L.P.R. after two years. Since the post was transferable, the transfer order may be in the exigencies of service. The respondent has argued that his retirement is due after one and a half years, therefore, he is according to the rules, entitled to remain at a place of his choice situated near his home district. But in the grievance petition it is not said so. It is urged in the grievance petition that in the grievance notice he had informed the petitioner that he intended to go…

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