EMPLOYEES OLD-AGE BENEFITS INSTITUTION, RAWALPINDI Versus EJAZ AHMAD

This is a revision reporting that the order dated "18‑2‑1987 recorded by learned Presiding Officer, Punjab Labour Court No.2, Lahore is without jurisdiction and of no legal effect.

2. The respondent has in his grievance petition challenged the transfer order and has applied for staying its implementation. It has been argued by the learned counsel for the petitioner that the order of transfer has been implemented by serving upon the respondent the order of relieving him from the post. The telegram is Annexure‑C. Annexure‑C appears to be the copy of the telegram which may have been sent to the Telegraph Office but no proof of the fact this telegram has in reality been transmitted by the Telegraph office is on the record. The receipt of the Telegraph office which usually is issued on the receipt of the telegram from the sender has not been produced. The other thing is that no copy of the transfer order has been produced, rather telegram Annexure‑C shows that some verbal order of transfer has been passed. Annexure‑B is not a transfer order but an advice to the Divisional Superintendent to transfer the respondent. No order of transfer passed by the Divisional Superintendent has been produced. Since it does not appear that any order of transfer has been passed, the respondent appears to have been a strong case. Since there is no transfer order, the other two ingredients do not arise. The learned lower Court in these circumstances was justified in suspending the transfer order. The revision has no force thus, dismissed in limine.

M. Y. H. /318 /LB.P

Petition dismissed.