' JAWWAD S. KHAWAJA, J. -- We have heard the Manager Administration of the petitioner- Company. He states that the learned forums below have fallen in error by holding that the respondent was employed to operate the planner machine or shaper machine but he had been directed to operate a drilling machine. One of the reasons given by the Labour Court and Appellate Court for deciding in favour of the respondent was that the order transferring the respondent to the drilling machine was mala fide because the post of operator planner machine was abolished on 07.06.2011 but the respondent was transferred from that post on 02.06.2011. It is contended that this is an erroneous assumption because the post of operator planner machine was abolished on 01.06.2011 and thereafter on humanitarian grounds and in order not to retrench the respondent, re was asked to work on the drilling machine, which he refused to do. It is contended that the above aspects of the case have not been considered by the forums below.
2. We have also heard the respondent Muhammad Hanif, who is insistent that he has no training for running a drilling machine. He must be kept to operate the planner machine and shaper machine.
This is not a reasonable stance. Furthermore, we note that the learned Appellate Court had fallen in error when it came to the conclusion that the post of operator planner machine was abolished on 07.06.2011 but the respondent was transferred from the post on 02.06.2011. In actual fact, the said post was abolished on 01.06.2011. Even if the post has been abolished on 02.06.2011, there is no vested right in the respondent to remain posted as an operator to the planner machine or sharper machine.
3. In the foregoing circumstances, this Civil Petition is converted into appeal and is allowed.