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Appeal No. GA-122 of 1984, decided on 30th April, 1984.
--- Ss. 15(d) & 38(3)-Transfer-No allegation of unfair labour practice-Transfer not on account of any trade Union activities Does not fall within ambit of S. 15(d)-Complaint, in circumstances, held, rightly dismissed by Labour Court.
Appellant in person.
Date of hearing : 25th April, 1984.
The appeal captioned above arises from the order, dated 15th March, 1984 passed by the learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala, whereby the complaint of the appellant brought under sec tion 15(d) of the Industrial Relations Ordinance, 1969 was dismissed. The complaint always is the basic document on which the whole structure is to be raised. But in the complaint it is not mentioned that on account of any trade Union activities, the appellant was transferred. Section 15(d) of the Industrial Relations Ordinance,.1969 reads as under :-
15(d) dismiss, discharge or remove from employment or transfer or threaten to dismiss, discharge or remove from employment or transfer a workman or injure him in respect of his employment by reason that the workman :-
(i) is or proposes to become, or seeks to persuade any other person to become, a member or officer of a trade union, or
(ii) participates in the promotion, formation or activities of a trade union-
It was necessary to disclose in the complaint that either the appellant wanted to become, or persuaded any other person to become, a member or office holder of a trade union, or that he participated in the promotion, forma tion or activities of a trade union. The case of the appellant is that the Divisional Engineer Telegraphs and Mr. G. H. Bokhari had conspired against him. No reason has been given why a conspiracy was made against him. Since there is no allegation of unfair labour practice, it cannot be l said that the transfer of the appellant falls in section 15(d) of the Industrial Relations Ordinance, 1969. The complaint was rightly dismissed.
2. As a result, the appeal is dismissed in limine.
A. E. Appeal dismissed.
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