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1975 PLC 17

MEHAR DIN vs MANAGEMENT OF P. W. R., MULTAN

Citation1975 PLC 17
CourtLabour Court
Case No.Appeals Nos. 918 and 919 of 1973
Date1973-12-03
Judge(s)Ch. Muhammad Rafiq Tarar
ResultN/A

1. ORDER The above-named appellants have preferred separate appeals against the orders dated 14th July 1973 passed by the Junior Labour Court, Multan, whereby their applications under section 25-A of the Industrial Relations Ordinance, 1969 for cancellation of their transfer order was dismissed. As common issue are involved in the appeals, therefore, both the appeals shall be decided by this order. The brief facts are that M/s. Mehar Din and Umar Din, petitioner- appellants were posted as Gangman and Head Trolley-man respectively at Sahiwal. Mehar Din was transferred to Kotlo Ginda Ram and Umer Din to Kacha Khoh. They filed petitions under section 25- A of the Industrial Relations Ordinance, t969 in the Junior Labour Court with the prayer that their transfer orders may be cancelled. The learned Presiding Officer of the Junior Labour Court dismissed the petitions by his orders dated 14th July 1973 observing that "It is a matter relating to transfer which lies within exclusive purview of the department and they have to maintain internal discipline and run the Administration efficiently." Arguments heard. Sh. Abdul Ghafoor, the learned representative of the appellants has drawn my attention to Circular letter No. 941-E/179/A-I, dated 8th February 1972, which contains instructions to the effect that transfer due to complaints and inefficiency should be avoided and instead disciplinary action should be taken against Class IV staff. He has contended that by transferring the appellants the Management has violated its own instructions and appellants have been put to inconvenience. I agree with him that the instructions have been violated and the petitioners have bee put to inconvenience, but unfortunately this fhct cannot, come to the resc of the appellants because under section 25-A of the Industrial Relations Ord nance a petition can only be made for the enforcement of a right guarantee or secured to a workman by or under any law or any award or any settl ment. The instructions referred above are uot covered by section 25-A of th Industrial Relations Ordinance, 1969. lt being so, the petitions unde section 25-A of the Industrial Relations Ordinance, 1969 are not maintainabl and the appeals are, therefore, dismissed.

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