MUHAMMAD ASLAM ALVI Versus SUI NORTHERN GAS PIPELINES LTD., FAISALABAD

ORDER

By Office Order dated 8‑11‑1987, the petitioner was transferred from Faisalabad to Multan on the ground of "operational requirements".

2. The aforesaid order being not acceptable to the petitioner, he has filed the instant petition under section 22‑A (8)(g) of the Industrial Relations Ordinance, 1969, against the respondents seeking annulment of his transfer order.

3. Alongwith the petition, an application for suspension of the operation of the impugned order, till decision of petition, has also been moved. This order is proposed to dispose of the aforesaid stay application.

4. Mr. Asghar Mahmood, Advocate, appeared before me on behalf of the petitioner whereas the respondents were represented by Mr. K.M. Pasha, Advocate.

5. Learned counsel for the petitioner with reference to paras Nos. 3 and 4 of the petition contended that the petitioner's transfer was motivated on account of personal grudge of respondent No. 1 against the petitioner and thus the transfer order cannot be allowed to remain intact. Learned counsel for the respondents, on the contrary, urged that the transfer order having already been implemented requires no interference and that the petitioner was transferred to Multan on the ground of "operational requirements". He also opposed the stay application on the ground that the petitioner does not have a right against transfer guaranteed in any Settlement, Award or law which is statutory requirement for maintaining petition under Section 25‑A of the Industrial Relations Ordinance, 1969. The learned counsel further maintained that the petitioner having failed to show any mala rides on the part of respondent No. 1, is not entitled to any relief.

6. In the instant case I find that there is a CBA Union under the name and style of Sui Nothern Gas Pipelines Employees, Union, in the establishment of Sui Northern Gas Pipelines Limited. This Union is divided into two groups namely `Janjua Group' and `Pir Muhammad Group'. The `Janjua Group' is said to be in power. The petitioner stated to be a supporter of `Pir Muhammad Group', rival group of `Janjua Group' is alleged to have been made victim of excesses by respondent No. 1. It is also alleged that a General Secretary of `Janjua Group' and one Javed lqbal Inspector Pipeline, were involved in a theft case and the petitioner had informed his superiors about it, contrary to the advice of respondent No. 1, not to do so, this act of the petitioner is stated to have caused annoyance to respondent No. 1, resulting in the transfer of the petitioner.

7. Having considered the arguments of learnd counsel for the parties, I fee that the petitioner has failed to make out a case for confirmation of stay order granted to him on 15‑11‑1987. The mere fact that the petitioner had affiliation with `Pir Muhammad Group' or had detected a theft case against the Genera Secretary of the Union and Inspector Javed Iqbal, cannot, by itself be considered a good ground for grant of ad interim relief. The well‑settled principles of law relating to grant of temporary injunction i.e. , a prima facie case, balance of convenience and irreparable loss, are not satisfied in the present case. The transfer of the petitioner is not likely to affect matter of promotion, conditions of employment or working conditions. It is also not likely to cause him monetary loss in any manner. If at the conclusion of the trial, respondents are proved to have acted unfarily in transferring the petitioner from Faisalabad to Multan, the petitioner can be compensated in terms of money. Finding no substance, in this application, I dismiss the same and recall the stay order dated 15‑11‑1987.

8. The observations made above are tentative in nature and obviously shall not influence mind of the Court at the trial.

A.A./128/ N.I.R.C. Application dismissed.