Legal Case Summary

Case Details
Case ID 422a45c8-8731-483b-aa32-f37544d5fb91
Body View case body.
Case Number LHR-395 of 1996
Decision Date Jul 18, 1996
Hearing Date Jul 18, 1996
Decision The Labour Appellate Tribunal ruled that the employer possesses an unfettered right to transfer employees for administrative reasons. The Tribunal emphasized that such transfers, if not resulting in significant reduction of emoluments, could not be deemed mala fide or motivated. The employees argued that their transfers were vindictive due to their trade union activities; however, the Tribunal found no evidence supporting such claims. The decision underscored that employees do not have a right to choose their work location and that routine administrative transfers do not warrant judicial interference. The Tribunal ultimately dismissed the revision petition, affirming the legality of the transfers.
Summary In the case LHR-395 of 1996, the Labour Appellate Tribunal of Punjab addressed an industrial dispute concerning the transfer of employees from Lahore to Narowal and Wazirabad. The petitioners, Younas Ali Bukhari and Tariq Mahmood Anjum, challenged their transfers, alleging that these actions were taken in a mala fide manner due to their active involvement in a trade union. The Tribunal ruled that the employer has the right to transfer employees as a routine administrative measure, provided it does not drastically affect their emoluments. The Tribunal reiterated that employees cannot claim a right to work at a location of their choosing and that humanitarian or personal reasons do not constitute sufficient grounds for judicial intervention in transfer orders. The decision emphasized the importance of maintaining employer discretion in administrative matters, ultimately dismissing the petitioners' request for a stay order on their transfers. This case highlights key principles in labor law regarding employee rights and employer authority, making it essential for understanding workplace dynamics and legal frameworks governing employment practices.
Court Labour Appellate Tribunal, Punjab
Entities Involved United Bank Limited
Judges Mian Ghulam Ahmad
Lawyers Asmat Kamal Khan, Ch. Fazal Elahi
Petitioners Younas Ali Bukhari, Tariq Mahmood Anjum
Respondents United Bank Limited through President
Citations 1997 SLD 624 = 1997 PLC 147
Other Citations Not available
Laws Involved Industrial Relations Ordinance, 1969
Sections 25A