Case Details

Citation(s)
1989 SLG 1215 1989 SLD 1215 1989 PLC 269
Labour Appellate Tribunal, Punjab
Petition No. LHR-398 of 1987, decided on 4th August, 1987.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
Ch. Ghulam Rasul for Petitioner.

SHAHID AHMAD

VS

DIRECTOR, P.R.T.C.

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 15 & 38(3-a). -Transfer of office-bearer of Union--Mere election as office ­bearer of Union without any overt act taken by such office-bearer for the benefit of the workers was not sufficient to say that his transfer was mala fide--Transfer order not involving change of station but involving chain of transfers--No document to support alleged unfair labour practice--Labour Court dismissed stay application against transfer order--Appellate Tribunal declined to interfere in revision. JUDGMENT This revision challenges the order dated 30-7-1987 recorded by learned Presiding Officer, Punjab Labour Court No. 1, Lahore whereby the stay application of the petitioner has been dismissed. 2. The petitioner has been transferred from the Headquarters Office to Multan Road, Depot, Lahore and he has challenged the said order in his grievance petition on the ground of unfair Labour practice asserting that he was elected President of the union, and by way of victimization his transfer has been ordered. In the impugned order it is observed by the learned lower Court that no material has been brought on the record to show that the appointment of the petitioner as off-ice-holder of the union annoyed the management. The claim of the petitioner is that he acted for the benefits of the workers and that is why he has been transferred but no document is on the record in support of this assertion. This is not the case of the petitioner that any demands have been raised or any other overt act has been done by him for the benefit of the workers. The mere fact that he has been elected as the President of the union is not sufficient to say at this sage that the transfer is mala fide. Learned counsel for the petitioner A has not…
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