Law:

Section:

(a) Constitution of Pakistan (1973)---- ---Art. 199-Constitutional petition - Legal plea available not raised before competent Tribunal at any stage-Held, not open to petitioner to raise such plea in constitutional petitions-Order of Labour Court challenged in constitutional petition on plea that petitioner before Labour Court (respondent) was not a "workman" hence could not invoke S. 25-A of Industrial Relations Ordi­nance, 1969-Sucb plea neither specifically raised before Labour Court nor in memo. of constitutional petition except for stating that order of Labour Court was without lawful authority and without jurisdiction-Such vague plea, held further, could not be treated as a specific objection and thus such contention, held, could not be raised at arguments stage. Muhammad Ali v. Deputy Settlement Commissioner and another P L D 1983 Lah. 86 rel. (b) Industrial Relations Ordinance (XXIII of 1969)---- -- Ss. 2 (xxvii) & 25-A-" Workman" - Workman removed from service in consequence of industrial dispute - Continues to be a workman-Can invoke provisions of S. 25-A. (c) Constitution of Pakistan (1973)---- -- Art. 199-Constitutional jurisdiction - High Court refusing to exercise discretion in aid of injustice - Orders of termination of service of workman (respondent in constitutional petition) found manifestly illegal and unlawful-Order of Labour Court awarding reinstatement challenged before High Court in constitutional petition on plea that being a terminated workman was no longer a workman so as to invoke provisions of S. 25-A of Industrial Relations Ordinance, 1969 and grievance petition before Labour Court was not maintainable-Interference, in circumstances, refused by High Court-Industrial Relations Ordinance (XXIII of 1969), S.25-A. S. A. Sarwana for Petitioners. A. R. Mirza for Respondent No.1. Dates of hearing: 15th and 16th February, 1984. JUDGMENT The respondent No. 1 was appointed on daily wages on or about 11th November, 1979. Thereafter on 11th May, 1971 the petitioner invited applications for the post of fitters, diesel mechanics and electrician. The respondent No. 1 applied for one of the advertised posts, but the Executive Engineer, of the…

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