Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 49(4)(e) & 63---National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regl. 32(2)(c)---Unfair labour practice by the employers---Petitioner, who claimed to be Vice-President of Employees Union in the employer Hotel which was non-Collective Bargaining Agent Union, was appointed as a Houseman in 1978 in the House-keeping Department where he worked till 1995 for about 17 years---Petitioner, thereafter was transferred as Laundryman due to exigency of service, where he worked for about 8 years and from there he had been retransferred to House-keeping Department as Houseman due to exigency of service in accordance with the terms and conditions of his appointment letter---Such simple transfer, had been challenged by the petitioner in his petition filed under S.49(4)(e) of Industrial Relations Ordinance, 2002 alleging that said transfer was due to unfair labour practice on the part of the employer on account of lawful trade union activities of the petitioner who was Vice-President of the Union which was pressing for the Referendum---Provisions of Ss.20(15) & 40(2) of Industrial Relations Ordinance, 2002 had not been violated by the employer in any way in ordering the transfer of petitioner from Laundry Department to House-keeping Department which department was housed in the same building and it was adjacent to Laundry Department---Even no term and conditions of petitioner had been changed---By said transfer the trade union activities of petitioner were not affected in any way, hence no permission of Registrar of Trade Unions was required for that transfer---Petition was not maintainable at all before National Industrial Relations Commission because no unfair labour practice had been proved by the petitioner against the employer---Even otherwise there was no prayer in the petition regarding the setting aside of impugned transfer order. 1987 PLC (Labour) 332; 1991 PLC 44; Appeal No.12(32) of 2001; Appeal No.12(8) of 2004; Appeal No.4A(148) of 2002-K; 1991 PLC (Labour) 722; 1992 PLC (Labour) 424 (SC 1028); 1992 SCMR 2166; 2005 PLC 219; 2003 PLC 52; 1999 PLC 229; 2001 PLC 103;…

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