Law:

Section:

(a) Industrial dispute---------- Transfer of employee---Posting of employee at a particular place was the prerogative of the employer and transfer of an official was part and parcel of conditions of his service and he could not possibly resist such a move and flout an order of his shifting to a place not of his choice. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 15(1)(d), 8-A & 47---Transfer of employee---Transfer of an official could be termed as an unfair labour practice so long as elections of a union of labourer were in offing or conciliation proceedings were pending before an Authority or a labour forum as envisaged by Ss. 47, 15(1)(d) & 8-A of Industrial Relations Ordinance, 1969---Normal transfer could not be treated as infringement of any vested right of an official or workman available to him under any law, award or settlement which he could enforce by having recourse to a labour forum---Even if employee had urged that his transfer to a particular place was in nature of revenge for the litigation in which he had dragged employer, employee could not possibly be afforded any protection or safeguard in that behalf and he was bound to obey the order and move from one place of working to another for performance of his duty---Labour Court, like a Civil Court, could not render a verdict to the effect that shifting of an employee from one station to another was an act tainted with mala fides liable to nullification, unless affected person was about to establish that any guaranteed right, available to him under the law had been infringed. Muhammad Suleman Malik for the Employee. Muhammad Saleem Khan for the Establishment Date of hearing: 17th March, 1998. JUDGMENT By the present judgment, I propose to dispose of Muhammad Sadiq's two appeals, as also two contempt petitions, the facts and legal propositions involved being all inter-linked, if not exactly identical. By a judgment announced on 18-9-1995, by Malik Mushtaq Ahmad, Presiding Officer, Punjab Labour Court No.8, Bahawalpur, the two grievance petitions filed by Muhammad Sadiq, under section 25.A of the Industrial Relations Ordinance, 1969 were dismissed by a single judgment. Two…

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