| Citation(s) |
|---|
| 2001 SLG 1847 2001 SLD 1847 2001 PLC 294 |
National Industrial Relations Commission
Case No.4A(108) of 2000-L, decision dated: 13-04-2000.
ZIA MAHMOOD MIRZA, CHAIRMAN
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Case No.4A(108) of 2000-L, decision dated: 13-04-2000.
ZIA MAHMOOD MIRZA, CHAIRMAN
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TARIQ MAHMOOD and 3 others
VS
SUPERINTENDING ENGINEER, UPPER JHELUM CANAL CIRCLE, JHELUM
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-------S. 22-A(8)(g)---Transfer of employee---Unfair labour practice of employer--- Employees 'who were transferred from one place of working to another had alleged that their transfers had been made due to their lawful trade union activities and that their transfers were illegal, mala fide and without lawful authority and same being discriminatory amounted to unfair labour practice---Employees had not mentioned any specific instance of their trade union activities nor had referred to any previous acts of victimization/discrimination committed by employer with a view to punish them for their trade union activities---Employees having failed to prove their allegations, transfers of employees made in exigency of service, could not be challenged. Ch. Riaz Ahmad for Petitioners. Javed Altaf for Respondent. ORDER Feeling aggrieved of their transfers made vide order dated 2-3-2000 passed by Superintending Engineer, Upper Jhelum Canal Circle, Jhelum, petitioners have filed this petition under section 22-A(8)(g) of the I.R.O. praying that the respondent be directed not to commit any further unfair labour practice and the impugned transfer orders may be set aside., It is alleged by the petitioners that they are active members of Punjab United Irrigation Employees Union (Regd.) and they have been made to suffer on account of their lawful trade union activities. Case of the petitioners is that their transfers are illegal, mala fide and without lawful authority and the same being discriminatory amount to unfair labour practice. 2. I have heard the learned counsel for the parties as also the respondent officer who is present in Court. On my query, the officer has stated that Tariq Mahmood, petitioner No. I ever since his appointment made on 15-1-1996 is posted in Gujrat Division, UJC, Gujrat and similarly petitioner No. 2 is also posted in Gujrat Division since his appointment on 7-11-1993. He further submits that Tariq Hussain, petitioner No.3 was posted in Jhelum Division, UJC Jhelum on 1-9-1987 and since then, he is posted there. As regards petitioner No.4 Arshad Mehmood, his contention is that he was posted in Jhelum Division…
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