Law:

Section:

(a) Civil Procedure Code (V of 1908)---------O.XXXIX, Rr.1 & 2---Interim relief, grant of---ingredients---Court before granting interim relief, must satisfy itself whether there existed any prima facie case in favour of person seeking interim relief---Court must also examine the concept of convenience/inconvenience of parties and irreparable loss likely to be suffered by applicants in case of refusal to grant interim relief. (b) Industrial Relations Ordinance (XCI of 2002)----- -----Ss.49(4)(e) & 63(b),(c)---Unfair labour practice by employers---Interim relief, grant of---Present case being based on allegations of unfair labour practice, it had to he seen whether allegations made by petitioners, coupled with other material available on record, prima facie disclosed commission of any unfair labour practice on the part o: employer, because exercise of jurisdiction of National Industrial Relations Commission, depended only on such finding---Case of petitioners rested on bald allegation that impugned action of respondent-Management was result of trade union activities---No prima facie case of commission of alleged unfair labour practice existed in favour of petitioners as it could not be said on the basis of record and attending circumstances that impugned action of the Management was motivated due to trade union activities or that it was intended to prevent petitioners from performing their said activities---No prima facie case of commission of any unfair labour practice existed in circumstances---Balance of convenience also did not seem to lie in favour of petitioners insofar as it w ac the terms and conditions of workers employed in establishment that they could be transferred and posted anywhere in the factory---Employer had an inherent right to transfer his employees from one place of working to another keeping in view administrative requirements---Employer in written statement had categorically assured that it did not intend to demote or remove from service any of its employees---Stay application filed by petitioners was also hit by provisions of S.49(4)(e) of Industrial Relations Ordinance, 2002 which provided that no interim relief could be granted…

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