Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------S.22-A(8)(g) & 22-D----Transfer of employee---Unfair labour practice--­Proof--- Employee who was transferred from one place of working to another after about 1,8 years and had joined duty at new place of working had challenged his transfer alleging that his transfer was made on account of his lawful trade union activities and that employer had committed unfair labour practice---Single Bench of National Industrial Relations Commission which was seized of the matter, set aside transfer order without recording any evidence and affording employer opportunity of cross-examination---Mere assertions of employee in absence of any evidence on record, would not make out a case of unfair labour practice---In absence of strict proof of alleged unfair labour practice on part of employer, transferring the employee was right of employer which could not be restrained merely because employee happened to be Officer/Member of Association in employer Bank---Order passed by Single Bench of National Industrial Relations Commission whereby order of transfer was set aside, passed in slipshod manner, was set aside in appeal. 1994 PLC 140; 1994 PLC 284 and PLD 1961 SC 435 ref. Sohail Anjam for Appellants. Respondent in person. Date of hearing: 20th October, 1998 ORDER MUHAMMAD ZAMAN QURESHI (CHAIRMAN). --Muhammad Tariq Officer Grade-III, respondent in this appeal, along-with Waqar Ahmad Officer Grade-III and Muhammad Afzal, Officer Grade-III filed a joint petition under section 22-A(8)(g) of the I.R.O., 1969 claiming themselves to be the Press Secretary, Vice President and President respectively of Kohat Unit of Officers Union of M.C.B mentioning therein that they had earlier filed petitions against the management which were sub judice and that on account of their trade union activities they were transferred from their present place of posting at Peshawar and Kohat to Lahore and Gujranwala out of the Province, so that they could neither continue as office bearers nor take part in their trade union activities, which was an act of unfair labour practice. As such, there transfer order dated 25-9-1997 be set aside. 2. The Single Bench…

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