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Appeal No. FD‑474 of 1981/Pb., decided on 30th November, 1982.

Industrial Relations Ordinance (XXIII of 1969)‑--

--‑S. 8‑A [as inserted vide Industrial Relations (Amendment) Act (XXIX of 1973)]‑Transfer of office‑bearer of Trade Union during pendency of application for registration‑Provision regarding permission to transfer‑Applicable to employees of nationalised Banks notwithstanding their liability to transfer‑Banks (Nationalisa tion) Act (I of 1974), S. 13 (2).

A. R. Sheikh for Appellant.

Munawar Ahmad Javed for Respondent.

Date of hearing : 16th November, 1982.'

The facts giving rise to this appeal from the decision dated 30‑7‑1981 passed by the learned Presiding Officer, Labour Court No. 5, Faisalabad, are that the respondent was transferred on his re‑instatement to Chak No. 275/R. B and then to Mianwali. He challenged the order of his transfer in the Labour Court No. 4, Faisalabad. After the evidence of the parties was closed the case was alongwith other cases transferred to Court No. 5, which decided it setting aside the transfer on the ground that they were ordered in the pendency of application for registration of a Union and permission under section 8‑‑A of the I. R. O. had not been obtained. The said order has been challenged in this appeal. A civil suit was brought in the civil Court which issued a stay order restraining the Registrar from registering the union till the decision of the suit. In the continuance of the stay order the Union was registered whereupon a contempt petition was brought in which the civil Court directed the Registrar to withdraw the order of ‑registration. The learned lower Court set aside the transfer order on the ground that since the registration of the Union had been set aside by the Registrar the application for registration was reopened and his transfer could not be ordered without taking permission under section 8‑A of the I. R. O., 1969.

2. It has been argued by the learned counsel for the appellant that firstly the impugned order is bad in law on the ground that it was passed without jurisdiction as Court No. 4 where the E1application was presented and where all the proceedings became complete had no territorial jurisdiction, secondly that according to section 13 of the Banks (Nationalisation) Act, 1974, every employee of the Bank can be transferred anywhere in the whole of Pakistan. I cannot agree with the learned counsel to his second argument section 13 (2) has only made all posts of Nationalized Banks transferable notwithstanding any law but has not said that a transfer can be made under law without permission of some court or that there would be no necessity of taking any, such permission. Provisions of section 8‑A of I. R. O, therefore are still applicable and transfer could] be ordered only after taking permission from the Registrar.

3. However it was not proved by the respondent that the Registrar had actually withdrawn his order of registration of the new union. In impugned judgment it is mentioned that the learned counsel for the respondent told that. petition for registration was pending. Learned counsel could only argue what he said was not an argument. Copy of the Order of the Registrar should have by which the previous order of registration of the new union had been cancelled, been brought on the file. No admission of this fact was made on behalf of the appellant. Thus the presentation of the copy of the order of the Registrar was necessary if in reality the order had been cancelled.

4. I, accordingly accept the appeal and setting aside the impugned order, remand the case with the direction that fresh proceedings be made giving opportunity to the respondent to prove that at the time transfer orders were made the registration of the new Union stood cancelled by the order of the Registrar. The appellant shall also have a night to produce evidence. The case will be re‑decided according to the evidence to be brought on record by the parties

Appeal accepted.

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