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Provisional Constitution Order [P. O. 1 of 1981]- -- Art. 9-Writ jurisdiction-Findings of fact-Respondent claiming encashment of leave preparatory to retirement on grounds that he had not been given notice by petitioner (employer) about date of his superannuation -Claim re­jected by Authority under Payment of Wages Act, 1937 but on appeal before Labour Court such claim accepted after re-appraisal of evidence and finding that no notice as required to have been given had been issued by petitioner to respondent-Petitioner further raising contention before High Court that primarily it was for respondent to avail of benefit of L. P. R. and that question of encashment of refused leave under rules could have arisen only, t when leave was refused-No such plea raised either before Authority or Labour Court-Findings of fact by Labour Court, in circum­stances, held, not open to interference in exercise of writ jurisdic­tion-Petitioner, further held, estopped by his conduct to raise legal issues not taken up before Courts below-Writ petition dismissed Encashment of Leave Preparatory to retirement-Claim `for Payment of Wages Act (IV of 1936), S. 15 (2). Muhammad Ismail Bhatti and Syed Muhammad Naqi for Petitioner. Respondent No. 1 in person. Nemo for Respondents Nos. 2 and 3. Date of hearing: 12th May, 1981. JUDGMENT This writ petition calls in question the validity of the order dated 30th June, 1981, of the Punjab Labour Court No. 2, Lahore. 2. The facts relevant for the disposal of the writ petition may be briefly stated. Respondent No. 1 filed an application under section 15(2) of the Payment of Wages Act (IV) of 1936 (hereinafter called the Act), claiming therein 12 months wages amounting to Rs.4,000 with Rs.10 as compensation for the reason that he was retired from service an attain­ing the age of 60 years with effect from 9th January, 1980, without giving him a notice to avail the full benefit of leave preparatory to retirement. The Authority under the - Act, by order dated I 5th February, 1981 dis­missed the application on the ground that respondent No. 1 was duly informed about his date of retirement. On appeal, the Labour Court reversed the finding on reappraisal…

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