' CH. SHAUKAT NAWAZ GORAYA (MEMBER).--- The petitioner has assailed his impugned transfer order dated 13-3-2010 and relieving order dated 5-3-2010 by means of this petition filed under section 25(8)(g) read with section 17 of I.R.A., 2008. It has been contended that petitioner is President of UBL Progressive Employees Union (Punjab, Islamabad and N.-W.F.P.) duly registered with NIRC. The list of approved office bearers is also attached with the petition. The respondents have turned against him due to his lawful trade union activities. In order to victimize him he has been transferred to a far flung place where even the post of Assistant does not exist. It is further stated that no transfer order was served upon him only a copy of the relieving order addressed to Manager Shah Nikdar was given to him. The order is violative of Order 2 of Industrial and Commercial Employment Standing Orders Ordinance, 1968. It is further contended that respondents initially opposed the registration of the petitioner's union and after having failed in their attempt the impugned order has been passed with mala fide intention. It is alleged that action of the respondents is illegal, void, invalid, without lawful authority and amounts to committing of unfair labour practice. Along with the main petition an application for issuance of temporary injunction has been filed.
2. The respondents resisted the petition and the stay application.
3. I heard arguments of the learned counsel for the parties and perused relevant record.
4. The examination of record reveals that petitioner had joined his new place of posting and marked his attendance on daily attendance Register from 16-3-2010 to 31-3-2010 in the cage against his name with the writing that he has joined under protest. Interim injunction was granted in favour of the petitioner vide order of this Bench dated 31-3-2010 meaning thereby the impugned orders have already been implemented when the interim injunction was granted. The copy of the attendance Register for the month of March, 2010 is attached as Annexure "R/1" with the written statement. It is admitted proposition of law that this Commission has no jurisdiction to grant status quo ante.
5. In view of the aforementioned circumstances, the petitioner has failed to make out a prima facie case in his favour. The stay application merits dismissal, same is therefore, dismissed and temporary injunction which was granted in favour of the petitioner is hereby vacated.