Pakistan Case Lawโ† Search
1985 PLC 655

MUHAMMAD SHAFI vs PUNJAB ROAD TRANSPORT BOARD

Citation1985 PLC 655
CourtLabour Appellate Tribunal
Case No.Petition No, FD-242 of 1984
Date1984-10-28
Judge(s)Sardar Muhammad Abdul Ghafoor Khan Lodhi
ResultRevision dismissed

' The order dated 3rd October, 1984 recorded by the learned Presiding Officer, Punjab Labour Court No, 1, Lahore is said to be illegal and ultra vires, whereby ad interim stay order was vacated.

2. The petitioner was transferred from Lahore to Sialkot vide order dated 19th June, 1984 by the Assistant Director (Security). Previously the said authority had power of transferring the staff but they were withdrawn and were revived on 12th May, 1984. The order of revival were however, circulated on 20th June, 1984.

3. It has been argued by the learned counsel that as the order of reviving the power of transfer were notified on 20th June, 1984, the order of transfer passed a day earlier was without jurisdiction.

The argument is misconceived. No notification was issued on 20th June, 1984 nor could be issued but the order was circulated. When the provision is that order should be notified, of course, they become effective from the date of notification. No provision has been shown that issuance of notification was necessary. The Assistant Director may have come to know about the revival of powers before actually the circulated letter was received, so the order of transfer prima facie was not without jurisdiction.

4. The impugned order thus does not appear to be suffering from any legal infirmity. The revision is dismissed in limine. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch