1984 PLC(CS) 1290

The appeal captioned above arises from the decision, dated 31st October, 1983 passed by the learned Presiding Officer, Punjab Labour Court No. 9. Multan, dismissing the grievance petition of the appellant wherein he had challenged his transfer from Pakpattan to Faisalabad.

2. In the written statement many objections were raised, such as that the appellant was a civil servant, that he was not a workman, that the respondent was not a commercial or industrial establishment, but the learned lower Court has not recorded any decision. The respondent Institute is being run by the Government. Its functions are to make research in the cultivation of jute. The appellant was employed in an agricultural farm as Baildar for tilling land. It is doubtful if the respondent is an industry or any industrial and commercial establishment. As sufficient evidence is not available, it is not possible to ‑answer the question finally in this case.

3. The appellant failed to show either that he was employed only for Dhakkar Farm or that his post was not transferable. He in his statement said that in order to employ another person, he was transferred but he did not establish this fact. He has been temporarily transferred and may at any time be sent back. It is expected from the respondent that low paid servants would be transferred when the transfer is extremely unavoidable. With these remarks the appeal is dismissed.

A. B. Appeal dismissed.