1. SHAFFI MUHAMMAD R. AKHUND (CHAIRMAN: Application No. 87/72, has been moved by Ghufranullah Siddiqi, the General Secretary of the United Bank Ltd. Supervisory Staff Union under Order XXXIX, rules I and 2, C. P. C., for ad interim injunction restraining his transfer from Karachi to Quetta. Thereafter, a simi--lar Application No. 96/72 was moved by .the President and other office- bearers of the said Union, welting ad interim Injunction- restraining the transfer of Ismat Anono, the Member of the Executive Committee of Union, from Karachi to Lyallpur. In that application, it is also prayed that ad interim injunction be issued restraining the respondents from transferring other office --bearers of the said Union pending disposal of their application under section 34 of the I. R.
2. O., 1969. . Since both the applica--tions arise out of the same cause of action, and are directed against the same respondent, this order will dispose of both applications.
3. The case of the applicants, in both applications is that they have formed U. B. L. Supervisory Staff Union on 7th April 1972 and had applied for its registration oat 13th May 1972. The respondents were Informed accordingly, end the application is still pending with the Registrar of the Trade Unions. The respondents on coming to know of the formation of the Union started victi--mising and harassing the office-bearers. Qazi Sadruddin, the President of the Union, was the first victim and was transferred to Memon Gote. He has, however, taken over at his new posting. Thereafter, orders of transfer of applicant Ghufranullah were issued, transferring him from Car; chi to Quetta. Though the order was delivered to him on 17th May 1972, it was ante-date as 15th May 1972, and he was directed to hand-over within days i.e., 18th May 1972. Subsequently, orders of transfer of Ismat Anono, the Member of the Executive Committee, were issued on 22nd May 1972, transferring him to Lyallpur, Since these orders have been Issued as a measure of victimization, in order to frustrate the formation of the Trade Union, the Appli--cants have moved these applications.
4. The respondents state that they had no knowledge of the formation of the Union or the names of the office-bearers thereof, till 19th May 1972, when they received the summons of this Court as the result of the application filed by Ghufranullah. According to them, the employees of the Bank are liable to be transferred various branches of the Bank in accordance with the terms and conditions of their service, and the applicants have been transferred in the normal course of the business. As regards Ghufranullah, they state that actually his orders of transfer were issued on 17th April 1972, but he kept on avoiding to take over at his new posting at Quetta, on the ground of the illness of his mother and his own illness, till he filed the application in this Court. The respondents have denied that the transfers of the applicants are on account of victimization dues to the formation of the Trade Union.
5. Now, it is true that according to the terms and conditions of the service of the applicants they are liable to be transferred t any branch of the Bank outside Karachi, as is evident fro Annexure 'A' produced by the respondents with the affidavit of their witness. But, the transfer of the office- bearers of the Union including the General Secretary, shortly, after the formation of the Union is significant. The letter Annexure 'B' produced by the respondents shows that order of transfer of Ghufranullah was issued on 17th April 1952, but it appears that order was not implemented, and, even from the counter-affidavit of the respon--dents, it appears this he was subsequently posted at Khudadad Co--lony Branch of the Bank at Karachi in the-meantime. It was again on 15th May 1972, when the application for the registration of the Union is alleged to have been made by the applicants, that he was directed 6 proceed to Quetta. This is evident from the state--ment in the counter-affidavit of the respondents' witness that he was called from Khudadad Colony Branch of the Bank and was delivered the order of transfer.
6. Therefore, in view of -tae fact that the respondents have proceeded to transfer the office-bearers of the Union shortly after the formation of the Union, while the application for the regis--tration of the Union is pending, is a sufficient ground for restrain--ing their transfer, at this stage: Consequently, I find that the applicants in both the applications have made out a prima fact b case for the ad Interim injunction for restraining their than refers. The applications are granted to the extent that the transfers of Ghufranullah and Ismat Anono are restrained till the formalities of the registration of the Union etc., are completed. The prayer of the applications for restraining the transfers of, the rest of the office-bearers, however, cannot be granted, all there I no cause of action at present with respect of those persons. Such applications freer be moved and when the cause of action arise in their cases.