Case Details

Citation(s)
1994 SLG 550 1994 SLD 550 1994 PLC 140
National Industrial Relations Commission
Cases Nos. 4-A(471)/L and 24(496)/L of 1989, decision dated: 21st November, 1993.
S. IJAZULHASSAN, SENIOR MEMBER
Ch. Riaz Ahmad for Petitioner. Abdul Rashid Malik for
Respondents

MUHAMMAD NAWAZ

VS

GENERAL MANAGER (PLANNING), WAPDA, LAHORE and another

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)Ss. 15 & 22ANational Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln. 32(2)Transfer of employeeChallenge toUnfair labour practice on part of employerEmployee had challenged his transfer from one place of working to another alleging that he had been transferred due to his trade union activities and not in the interest of employer's workEmployee had failed to prove by cogent and convincing evidence that his transfer was ordered by employer with a view to deter him to perform his lawful and legitimate trade union activities as alleged by him­Employer had inherent right to transfer its employees for smooth running of its business and it could not be changedTransfer was prerogative of employer and it was always ordered in best interest of establishmentPosting of an employee from one place of posting to another in same establishment, was right of every employer and would not constitute unfair labour practice on part of employerManagement had right to utilise services of its employees according to its need and requirementsEmployee if felt aggrieved by his transfer, could go to appropriate forum for redress and not through petition under S. 22A(8)(g)Law did not give licence to members/officebearers of union that they could not be transferred, but same could be ordered at any time and at any place in interest of employer's establishment and it could not be avoided in name of union activitiesContention of employee that his transfer being result of victimization at the hands of employer, it was liable to be punished for committing unfair labour practice, was repelled as employee had failed to bring on file any thing to show that his transfer was motivated on account of his participation in trade union activities or to accommodate other employee in his placeUnfair labour practice was a serious allegation which had to be substantiated by facts. Muhammad Afzal v. Secretary, Education, Government of the Punjab, Lahore and 2 others 1992 PLC (C.S.) 117 and Bahari Iron Works v. Daghubhai AIR 1976 SC 98 ref. (b) Industrial Relations Ordinance (XXIII of 1969) Ss.15 & 22AJurisdiction of…
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