1. ' Petitioner is working as Teleprinter Operator since 1-5-1967. He was transferred to Gujranwala. He filed this petition under section 25-A alleging therein that it was guaranteed to the petitioner at the time of his appointment that he shall not be transferred out of Rawalpindi Circle. Petitioner, according to him was a naked critic of the existing C. B. A. And had formed another Union and was elected its President. So he has been transferred to Gujranwala at the intance of the C. B. A. Union and so was victimized for his trade union activities.
2. ' An ad-interim injunction was granted to him and order of his transfer to Gujranwala dated 4-9- 1976 was suspended on 4-10-1976. Notice was issued to the respondent who filed its written reply on 25-11-1976.
3. ' Petition was adjourned to 26-11-1976 for arguments on the stay matter. I have beard the counsel of the parties.
4. ' C. B. A. Union has also made an application under Order I, rule 10 of the C. P. C. To be impleaded as a party. C. B. A. Union has also been heard.
5. Petitioner was transferred to Peshawar vide an order dated 27-8-76. He made an application to the Director-General with the prayer that his transfer may be cancelled and if at all it is to be made then he may be transferred to Telegraph Office, Gujranwala. So he was transferred to Gujranwala He resumed duty at Gujranwala on 16-9-1916. He received his transfer grant of Rs, 450. Then he made this petition on 4-10-76 after alleged service of grievance notice. He has alleged in his petition that he has been victimized for his Trade Union activities at the instance of the C. B. A.
6. Union. He made an application to the Registrar for Registration of the Union on 23-9-1976. His Union was registered on 22-10-1976 and it has been contended by the learned counsel for the respondent and that of the C. B. A. Union that a complaint has been filed for cancellation of this Union on the ground that this Union could not be registered in view of a decision by the National Industrial Relations Commission. Commission has determined 3 Collective Bargaining Units for the Pakistan Telephone and Telegraph Department and petitioner belongs to Telephone and Telegraph Traffic Branch. No Union be registered by the Registrar.
7. ' Petitioner was transferred to Gujranwala and he took over charge there on 16-9-1976. Application for registration of the Union was made on 23-9-1976. It appears that petitioner has not come with clean hands. This formation of the Union and its registration thereof is an afterthought with him and this he has done in order to get his transfer orders cancelled. His transfer was never made to victimize him. It was a routine matter and as such was the right of the employer.
8. ' In that view of the matter I withdraw my order dated 4-10.1976. Petition has also become infructuous. It is dismissed.