1988 PLC(CS) 991

ABDUR REHMAN Versus DIRECTOR FINANCE, PUNJAB ROAD TRANSPORT BOARD, LAHORE

Citation1988 PLC(CS) 991

CourtPunjab Labour Appellate Tribunal

Case No.Revision No. FD-101 of 1984

Date1984-08-16

Judge(s)Sardar Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal

ResultRevision dismissed

The. above captioned revision seeks to give information that the order dated 24-3-1983 dismissing the complaint of the petitioner is illegal.

2. The petitioner was a Cashier and was reverted as Senior Clerk. The order was successfully challenged by the petitioner under section 25-A and appeal was dismissed. The respondents thereupon transferred the petitioner to Sahiwal as Cashier. Thereupon, the petitioner brought a complaint under section 25-A(8). It has been argued that since it was found that the petitioner had not become surplus, he should have been reposted as Cashier on his original place and the act of the respondent in transferring him to Sahiwal amounted to contempt. The order was of reposting the petitioner as Cashier but was not that in all probabilities he be posted at Faisalabad. This being so, the transfer of the petitioner did not amount to contempt of Court. Since he was, in compliance of the order of the learned lower Court, as confirmed by this Tribunal, reposted as Cashier, the order was duly complied with. if the direction had been that he be posted as Cashier at Faisalabad, of course it would have been necessary for the respondents to do so. Needless to say that the element of criminal intention is a necessary ingredient in criminal cases to establish a criminal charge. The respondents, therefore, were rightly acquitted under section 249-A of Cr.P.C.

3. As a result, the revision petition fails and is dismissed.

A.E./1088/Lb. S.

Revision dismissed.