DECISION The impugned Award is dated 19th of April 1974, whereby the learned Presiding Officer of Labour Court No. II, Karachi, re-instated Mr. Muhammad Zaman in an application under section 25- A of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance). The respondent made an application on the 16th of August 1972, whereby he challenged his order of transfer on the ground that it was mala fide. The facts giving rise to the appeal as stated by the respondent Mr. Muhammad Zaman in his application are these. The respondent was employed as khalasi on the 13th of April 1970. At the time of his transfer he was working at their P. I. B. Project. He was transferred to Mauripur Project.
2. Mr. Shahani, the learned Representative for the appellant very strenuously contended that it is the inherent right of the Management to transfer a worker from one place to another in due course of Management, lt is true this right cannot be denied to the Management with only this qualification that it must act bona fide and with no ulterior motive. In this case the contention of the respondent was that he had raised an Industrial Dispute as General Secretary claiming overtime and other demands. The learned Court came to the conclusion that the respondent Muhammad Zaman was victimized because he had raised certain demands against the Management. Mr. Shahani, in this connection, contended that Zaman was not General Secretary of the Union. It is a question of fact whether Zaman was the General Secretary of the Union or not. There is a settlement between the Union and the appellant concern which has been signed by Muhammad Zaman as General Secretary. What is necessary to prove is not that Zaman was the General Secretary in the papers or on the record of the Registrar of the Trade Union. Where the act of the concern is challenged on the ground that it has acted under the belief that it was at the instance of Zaman that certain demands were raised against the Management all that is necessary' is to establish that demands were raised at the instance of the General Secretary. It is true the learned Court has made a mistake in confusing the applicant Muhammad Zaman with Ali Zaman, Vice-President of the Union. Muhammad Zaman never claimed to be the Vice-President of the Union. The fact that it was in the knowledge of the appellant-company that it was Muhammad Zaman who was behind the demand notice dated 2nd of August 1971, cannot be doubted. The Settlement (Exh. 4-B) which came into operation from 25-10-1971 and was to remain in operation up to 24-10-1973 is signed by Muhammad Zaman as General Secretary. In these circumstances I would hold that the transfer from P. I. B. Project to Mauripur Project was1 mala fide. There was no reason for selecting only Muhammad Zaman] for transfer while there were other Junior Khalasi to Muhammad Zaman to] be transferred.
3. Muhammad Zaman appeared in person and candidly admitted that the Project at P. I. B. has been completed. He cannot, therefore, be taken back at P. I.
B. Project but if the appellant concern starts any work in Karachi they would re-employ him. With these observations the appeal is dismissed. Appeal dismissed.