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Appeal No. MN‑133 of 1986, decided on 14th April, 1986.

‑‑‑Transfer‑‑Workman in Government Service‑‑Policy instructions of Government providing that low paid employees should not be transferred to other stations‑‑Transfer order from one station to another violative of Government instructions, held, was rightly set aside by Labour Court‑‑Industrial Relations Ordinance (XXIII of 1969), Ss. 25‑A & 38(3).

Farooq Ahmad for Appellant.

Date of hearing: 7th April, 1986.

The decision dated 29‑1‑1986, recorded by the learned Presiding Officer, Punjab Labour Court No.9 Multan has been challenged, whereby the grievance petition of the respondent was accepted.

2. The respondent was transferred from Pakpattan to Vehari and he on the basis of Notification SOR‑II (S&GAD)/8‑178/72, dated 20‑1‑1973 challenged the order of his transfer on the ground that he being a low paid employee could not be transferred. The notification supports the case of the appellant. Learned counsel for the appellant has argued that it is the discretion of the employer to transfer the employees. In the presence of the notification the employer had no authority to transfer the respondent in violation of the said notification. If the respondent had been transferred not out of his station but within the precincts of the same city, of course, the order would not have been challenge-able. Now‑a‑days to get a house on hire is a great problem everywhere. Since the respondent was transferred out of his station, he has to make arrangements for his residence at his new place of posting and his pay being Rs.800 only, he is not likely to get a house even on a rent equal to the half of his pay. The learned lower Court, therefore, rightly set aside the order of transfer.

3. As a result, the appeal fails and is dismissed in limine.

A. E.

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