Mulazim Hussain petitioner has challenged the order dated 7.8.2008 passed by Director General Agricultural (Research), Faisalabad through which the petitioner who is Laboratory Attendant, Pesticide Quality Control Laboratory, Multan has been transferred from to his parent functional unit and posted as such in the office of the Director Regional Agricultural Research Institute, Bahawalpur.
2. The petitioner earlier filed petition against the said order before the Punjab Labour Court, Multan which was dismissed vide order dated 2.6.2009. Against the said order the petitioner preferred appeal under Section 54 of the Industrial Relations Act, 2008 before the Punjab Labour Appellate Tribunal, Lahore which was also dismissed vide judgment dated 29.6.2009.
3. Learned counsel for the petitioner contends that the petitioner is a lower grade employee and has been transferred from Multan to Bahawalpur, which order is illegal and unlawful and may be set aside as under Article 4 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has to be treated in accordance with law.
4. Learned counsel for the respondent claims that transfer of the petitioner was passed with the consent of the petitioner and the writ petition may be dismissed.
5. I have heard the learned counsel for the parties and also gone through the documents attached with this petition. The petitioner is a civil servant and due to the bar contained under Article 212 of the Constitution of Islamic Republic of Pakistan, 1973, this petition is not maintainable which is hereby dismissed.