Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. 1 (4), Second Proviso & S. O. 12 (6)-Establishment-Whet­her industrial or, commercial-Mixed question of fact and law -Point not raised or urged before normal forum (Authority under Payment of Wages Act, 1936) or Appellate forum-Order of Authority challenged in writ petition before High Court ­Party raising such point, held, estopped by its conduct to raise same for first time in writ petition-Writ jurisdiction-Constitution of Pakistan (1973), Art, 199. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. 1 (4) & S. O. 12 (6)-Number of employees for purposes of applicability. of S. O. 12 (6)-Relevant date-Not date on which workman employed but date on which right to receive gratuity matures-Gratuity payable when a workman resigns or his services terminated for any reason other than mis­conduct-Number of employees not exceeding fifty on date of termination of service or on any day during preceding twelve months-Workmen, in circumstances, held, not entitled to gratuity under S. O. 12 (6). Messrs N. J. Silk Industries v. Presiding Officer, IVth Sind Labour Court and another P L D 1980 S C 283 rel. Asif Sajjad Jan for Petitioner. Ijaz Anwar for Respondent. Date of hearing: 12th April, 1982. JUDGMENT This writ petition calls in question the validity of the judgment dated 16th March, 1981 of the Punjab Labour Court No. 1, Lahore. 2. The facts relevant for the disposal of the writ petition may be briefly stated. Respondent No. 3 was employed as an Accountant by the petitioner. His services were terminated on 14th October, 1974. Thereafter, respondent No. 3 made an application' under section 15 (2) of the Payment of Wages Act, 1936, before respondent No. 2 for the payment of gratuity and bonus. The application was disposed of by order dated 10th December 1977 whereby the claim of respondent No. 2 for gratuity was turned down but he was allowed Rs. 1,082 as bonus. On appeal, the Punjab Labour Court No. 1, Lahore, by order dated 16th March 1981 modified the order of respondent No. 2 to the extent that an amount of…

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