1995 PLP 749 (PLC)

Muhammad Aslam Alvi v. Sui Northern Gas Pipelines Ltd., Faisalabad and others 1988 PLC 851 ref. Petitioner in person. Saeed Ahmad Bhatti for Respondents Nos. 1 and

2. Respondent No. 3 in person. Hafiz Muhammad Yousaf, petitioner, feeling aggrieved of his transfer order dated 13‑12‑1994 (Annexure `B'), has brought instant petition under section 22‑A(8)(g) of the I.R.O., 1969 alongwith an application under Regulation 32(2) of the N.I.R.C. (Procedure and Functions) Regulations, 1973, complaining that his transfer had not been made in the interest of the Authority and that he has been subjected to victimization on account of his trade union activities as member of Pakistan WAPDA Hydro Electric Central Labour Union. In the comments, allegations of the petitioner have been controverted, jurisdiction of the Commission has been challenged and the transfer is said to have been made in the `Authority's interest'. This is a case of simple transfer. The petitioner has been transferred and posted from the office of B&AO (GSC) WAPDA, Lahore to the Office of B&AO (STG) WAPDA, Lahore against a post stated to have fallen vacant due to transfer of Muhammad Zikiria Butt, Accounts Assistant. The aforesaid order also speaks of the retention of Waqar Ali, respondent No. 3 in the said office. A perusal of the comments submitted on behalf of the respondents would show that the petitioner had four years stay in GSC on account of which it was considered expedient to transfer him from GSC to STG WAPDA, Lahore. This transfer appears to have been made in routine without involving any element of unfair labour practice. The transfers made in accordance with law for departmental requirement, are not open to exception unless mala fides are shown. The petitioner claims to have been made victim of excesses on account of having affiliations with the union group headed by Ch. Safdar and Muhammad Shakeel. However, the petitioner has not been able to bring anything on record in support of the assertion. The petitioner has not been able to establish a prima facie case of unfair labour practice attracting jurisdiction of the Commission. I am satisfied that the impugned transfer order has been passed in the interest of the Authority work and it has no connection with the trade union activities of the petitioner. It is not denied that the management has inherent right to transfer its employees for smooth running of its business and it cannot be challenged. The posting of an employee from one place of posting to another in same establishment is the right of every management and does not constitute unfair labour practice. The management has the right to utilise the services of its employees according to the needs and requirements of the organisation. Muhammad Aslam AM v. Sui Northern Gas Pipelines Ltd., Faisalabad and others 1988 PLC

851. In the result for the foregoing reasons the petition fails as non-maintainable which is hereby dismissed. The stay application also meets the same fate. Stay recalled. H.B.T./230/NIRC ??????????? Petition dismissed.