Law:

Section:

(a) Constitution of Pakistan (1.973)­ -- Art. 199-Writ-Objection not taken up at any previous stage---cannot be allowed to be raised for first time at stage of argument in writ petition. (b) Wept Pakistan Industrial and Commercial Employment (Standing Ordinance (V1 of 1968)- --S. O. 13-Termination of service on account of retrenchment-­employee admitting in statement that he was junior-most Aggrieved is class of employees (accounts clerks)-Order of termination of his services, held, perfectly in accordance with S. 013. S. M. Raza Petitioner. S. Nasiruddin for Respondent No. 2. Date of hearing: 18th December 1975. JUDGMENT The second respondent was appointed as Accounts Clerk on 16-91970 in the Organization of the petitioner. The petitioner is a registered Company which mainly carries on construction business and the appointment and retrenchment of workers depends primarily on the volume of work which the company has at its disposal. 2. On 26-7-73 the respondent No. 2's services were terminated by the petitioner on the ground that there was no work available for him. Accord­ing to the petitioner's averment while terminating his services principles of last in first out as laid down in Standing Order 13 of the west Pakistan Industrial and Commercial (Employment) (Standing Orders) Ordinance, were strictly adhered to. The second respondent filed an application against petitioner which was dismissed on merits on 29th September 1973. Thereafter he filed an appeal and the case was remanded back to the Junior Labour Court for recording of further evidence. Consequently, Junior Labour Court recorded evidence and again dismissed the application of the second respondent on 28th January 1974. The second respondent filed an appeal against this order which was allowed on 18th April 1974. 3. First Contention Of The Learned Counsel For The Petitioner Is That Before Filing The Petition In The Junior Labour Court The Second Respondent Did Not Comply With The Grievance Procedure As Envisaged In Section 25-A(1) To (4) Of Industrial Relation Ordinance 1969 However From The Perusal Of The Record I Find That This Objection Was Not Taken Up By The Petitioners At Any Previous Stage…

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