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Appeal No. LHR‑567 of 1983, decided on 14th December, 1983.

‑‑ S. 25‑A read with Civil Procedure Code (V of 1908), O. XXXIX, r. 1‑Temporary injunction‑Compelling circumstances ‑ Railway employee aggrieved of transfer to another Division‑Transfer order challenged on grounds of lack of competence of authority to make inter‑Divisional transfer ‑ Competence of authority being under clouds, in circumstances, held, sufficiently compelling circumstance hence temporary injunction granted by Labour Court, held, not exceptionable.

S. M. Naqi for Appellant.

Date of hearing: 11th December, 1983.

The facts giving rise to the appeal captioned above are that the respondent was posted at Lahore and was transferred to Sukkur Division by the order of the XEN, Lahore. He challenged the order in a petition under section 25‑A and applied for ad interim injunction which was allowed and application of the appellant for its vacation failed. The ground on which the order of transfer has been challenged is' that the XEN, Lahore had no jurisdiction to transfer the respondent to another Division. The case of the respondent is that only General Manager was competent to order an inter‑division transfer. Learned counsel for the appellant has not been able to point out any document to show that the XEN was competent to order inter‑division transfer. He verbally says that the XEN is Incharge of both the divisions. In the absence of any document it is difficult to accept the contention that the XEN, Lahore has authority to transfer an employee in another division. Learned counsel has cited same rulings but they are not germane to the case. In P L D 1973 Kar. 718 the High Court refused to interfere in its revisional jurisdiction on the ground that there was nothing on the record to show that the Courts below had acted illegally in refusing to grant injunction. Since the impugned order does not appear to be suffering from any legal infirmity, there is no scope to interfere with it. In 1971 S C M R 569 it has been observed that unless there are compelling reasons, ordinarily injunction should not be issued to Government in service matters. What can be more compelling circumstance than this that the competency of the XEN to order inter‑division transfer is under clouds 7 In the circumstances of the case, the impugned order is not exceptional.

2. As a result of what has been said above, the appeal is dismissed in limine.

A. E. Appeal dismissed.

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