Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ---S.2(xxiv)--Settlement--Agreement embodying a negative condition, restraining a party from seeking remedy and redress before Court, held, could not be validly enforced. ORDER This is case under section 25-A of the Industrial Relation: Ordinance 1969, against Pakistan Steel Mill for the relief, the applicant has asked for, to give the directions to the respondent Steel Mill to grant and extend, the benefit of policy, dated 15-11-1983, and remove the anomaly created by the office order dated 22-9-1986 and to award increment, what is given to other employees under the office order dated 13-11-1986. 2. Applicant is a permanent workman, taken as the Senior Assistant, by virtue of appointment-in Pay Groups-VII. 3. Junior Assistants were appointed in Pay Group-IV, Assistants were appointed in Pay Group-V and Senior Assistants were appointed in Pay Group-VII. This arrangement continued till 15-11-1983, when the Pay Group-IV and V were raised to V and VI, and these three categories finally came to be known in Pay Group-V, VI and VII. 4. What is the grievance of applicant, which he has so summarized, `that the respondent did not follow the time scale promotion on completion of five years service, and good performance in each Pay Group, with the result that applicant under Group-VI1 suffered the loss and also his increments. 5. When the respondent found, that the policy is not being followed on the sound lines, they invited applications to remove the anomaly by referring the example of the Assistants who were drawing pay more than them. Applicant submitted application referring the case of Syed Tanzeem Ali Zaidi who was shown, as Junior Clerk and then re-designated as Junior Assistant and subsequently promoted to Assistant and finally came in Pay Group-VII after enjoying the benefit of time scale promotion. The applicant also has given the comparison of Mr. Tanzeem Ali Zaidi that applicant is drawing the basic pay Rs.1,145 and Mr. Zaidi is receiving 1,345. 6. However, applicant has this grievance that the respondent in order to remove the anomaly, recommended the grant of time scale promotion but in the shape of exgratia…

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