MUHAMMAD SIDDIQUE Versus S.E. SCARP I CIRCLE, LAHORE'

The order dated 16‑12‑1984 passed by the learned Presiding Officer, Punjab Labour Court No.3, Lahore at Ferozewala whereby the application for ad‑interim injunction was dismissed, is informed to be illegal.

2. The petitioner has been transferred from Sialkot to Lahore and he has challenged the order in his grievance petition brought under section 25‑A, of Industrial Relations Ordinance and in the said petition application for interim stay was made that has been dismissed. It has been argued by the learned counsel for the petitioner that the total period for which the petitioner was to remain posted at Sialkot was four years but before its expiry he was transferred to another sub‑Division. I have gone through Annexures 'C' 'D' and 'E'. No doubt the period for stay at station is four years but prima facie this is a maximum period beyond which one cannot be allowed to stay at that station. It has not been argued that the transfer order has been challenged in the main petition on the ground of mala fide. Needless to say that transfer is the discretion of the employer and unless such an order is alleged to be mala fide, it cannot be successfully challenged. In the exigencies of service transfers can be made. It has not been argued that there was no urgency.

3. No irreparable injury can be caused to the petitioner by the transfer order. If the main petition succeeds the petitioner will go back to his previous place of posting. The impugned order therefore cannot be said to be wrong or illegal for which exercise of revisional jurisdiction may be considered necessary.

4. As a result the revision is dismissed in limine.

A. E. /350/Lb.P Revision dismissed.