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2015 C.L.R. 887

Syed Jarjees Abbas Kazmi, etc vs PIAC, etc

Citation2015 C.L.R. 887
CourtIslamabad High Court
Case No.Writ Petition No. 221 of 2015
Date2015-04-22
Judge(s)Athar Minallah
ResultPetition dismissed

' ATHAR MINALLAH, J. The petitioners are employees of Pakistan International Airline Corporation (hereinafter referred to as "PIAC"). They were transferred on 26-12-2008 and pursuant thereto released on 24-07-2009. The posing / transfer orders were assailed by the petitioners under Section 25 (8) (g) of IRA, 2008 (hereinafter referred to as the "Act of 2008"). The petition was dismissed vide order dated 01-02- 2010. Appeal was preferred by the petitioners against an order passed by the Chairman, National Industrial Relations Commission (hereinafter referred to as "NIRC"), which was dismissed by a Full Bench of NIRC vide order dated 16-12-2014. Through the instant petition, order dated 16-12- 2014 has been assailed.

2. The learned counsel for the petitioners has contended that; the transfer orders dated 26-12-2008 and the letter dated 24-07-2009; whereby, the petitioners were released are based on malafide; the petitioners are members and office bearers of a registered Trade Union and, therefore, they were being harassed, intimidated and victimized at the behest of the other Trade Union; the transfer orders based on malafide, tantamounts to unfair trade practices as defined in the NIRC Act, 2012; the Full Bench of the Commission while passing the impugned order had made reference to case law, which was neither relevant nor cited at the bar; the impugned posting / transfer orders were without lawful authority and jurisdiction; the Commission failed to take the relevant matters into consideration.

3. On the other hand, the learned counsel for the respondents / PIAC contended that the transfer orders were in accordance with law and no malafide whatsoever could be brought on record by the petitioners; the petitioners being members of a Trade Union and Office Bearers as well have been pressurizing the management for being posted at places of their choice; the conduct of the petitioners inevitably adversely affects the discipline within the Organization.

4. The learned counsels have been heard and the record perused with their able assistance.

5. The petitioners being office bearers of a registered Trade Union and their posting / transfer from Speedex to PIAC are not in dispute. The petitioners have not been able to make out a case of malafide on part of the management in issuing their posting / transfer orders. PIAC is a publically owned organization and represents the national airline. Maintaining discipline within the organization is also of utmost importance. The facts and circumstances of the instant case reveals a sad state of affairs reflecting on the environment within the organization which manages and operates the national airline. A simple posting / transfer order has been assailed by the petitioners, who admittedly are also office bearers of a Trade Union.

6. Dragging the organization into protracted litigation on the question of posting/transfer, particularly by office bearers of a registered Trade Union in their personal case, can neither be encouraged nor they be allowed to use their position for taking an advantage over others. Office bearers of a Trade Union have an onerous duty to protect the rights of others and at the same time ensure that the discipline of the organization is not undermined or eroded.

7. It has been consistently held by the august Supreme Court that there is no vested right in being posted at a particular place or against a specific post. The management is vested with the power to post / transfer the employees according to the priorities and requirements of the organization.

Interference in such actions of the Organization is warranted in highly exceptional cases e.g. When the order has been passed by an authority lacking jurisdiction. This is not the situation in the instant petition. There is nothing on record, which would justify interference by this Court. No legal infirmity could be pointed out, so as to justify interference by this Court.

8. For what has been stated above, the petition is without any merit and the same is dismissed.

Etition dismissed.

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