Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- ----Ss. 2(xxiv) and 25-A-Settlement-Agreement signed by parties and fulfilling conditions prescribed in S. 2(xxiv) alone can be treated as a settlement-Office Order-Cannot be treated either an agreement or settlement-Provisions of S. 25-A cannot be invoked to seek enforce­ment of such order. AIR 1953SC53ref. Petitioner with his counsel. S. M. Zafar for Respondent No. 1 Respondent No. 2 in person. ORDER Abdul Majid Rathore, petitioner, has brought this petition under section 25-A of the Industrial Relations Ordinance of 1969 (hereinafter called the I. R. O.) for getting order dated 6-10-1972 passed by respondent No. 1 set aside and issuing direction to respondent No. 1 for posting the petitioner as a Pay Clerk, C-III D. G. Khan. The facts stated briefly are that an ex-cadre post of pay clerk fell vacant in the Construction Division and requisi­tion was made to the department in which the petitioner was working as Senior Counter for sending any person on deputation and the petitioner was sent to Dera Ghazi Khan to be appointed as pay clerk in the Construc­tion Division. When the petitioner reached D. G. Khan, he was sent back on the ground that another man had been posted who had become surplus. The petition is based upon an order of the Member (Finance), Railway Board, which is described by the petitioner as a settlement. The application has been opposed by the respondent and in the reply objections have been raised that there is no award or settlement, therefore, section 25-A is not applicable, that on the basis of the noting on which the petitioner relies, a non-inarticulate Senior Counter can be posted on the ex-cadre post and as the petitioner is a matriculate, he cannot be given that post. It has also been contended that the petitioner is not a senior most Counter in the establishment. In support of his case the petitioner has appeared as his own witness and on behalf of respondent Mr. S. M. Zafar, Assistant Treasurer, Cash and Pay Branch, P. W. R. Lahore, has been examined. Copy of demand notice P-1, copy of extract of para. 10(iii) of Dy. C. A. O. GB's notice approved by F.M./ Rly. Board, copy of letter P-3,…

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