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Industrial Relations Ordinance (XXIII of 1969)‑--

----S. 25‑A ‑ Scope ‑ Grievance petition maintainable to challenge infringement of right guaranteed under law, settlement or award -Transfer = Right of employer ‑ Option for transfer ‑ Creates not right in workman‑Road Transport Board employee claiming that had he been transferred to newly created Depot he would have become senior to many others and that he should have been givers opportunity of option for transfer‑Inviting of option not provided in any settlement or award‑Workman, in circumstances, held, could not demand transfer even if he had opted therefore Grievance petition seeking such redress, held, not maintainable.

Asghar Mahmood for Appellant.

Muhammad Akram, Court Clerk for Respondent.

Date of hearing : 5th March, 1983.

The claim of the appellant, who has challengad the decision dated 31‑3‑1981 passed by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore, is that his seniority be fixed with effect from 10‑2‑1975 when Rawalpindi Depot was bifurcated and a depot at Gujrat was established The ground given by him is that no option was invited from him for being transferred to Gujrat. According to him, if options had been invited, he would have opted to be transferred to Gujrat and would have ranked senior to many persons. Transfer is the right of the employer It would not have been out of place if options had been invited but the respondent was not bound to do so. There is no rule that if a new depot has been established, option should be invited from the employees of the existing depots. The learned lower Court has rightly observed that the employer has a right either to fill in the vacancies of newly‑established depots by direct appointment or may invite option from the employees of the other depots and to fill in the vacancies falling vacant by the transfer of the incumbents of other depots Even if the management transfers employees of other depots to the newly‑created depot, it has the discretion to transfer according to its own good understanding or by inviting options. The appellant had no right to be asked for option. There is no settlement, award or law to the effect that in .such circumstances options be invited. Needless to say that a petition under section 25‑A can be made if there is any right guaranteed. The creation of new depot at Gujrat, therefore, guaranteed no right to the appellant either to be transferred to the said depot or to be given seniority from the date of bifurcation.

2. As upshot of the observations made‑above, I do not find any force in the appeal and dismiss it.

Appeal dismissed.

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