Law:

Section:

(a) Constitution of Pakistan (1973)-- ---Art. 199--Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 34-­Constitutional jurisdiction--New point raised during course of argument which had neither been raised before Labour Court or Appellate Labour Tribunal nor had been alleged in counter-affidavit, could not be allowed to be raised in Constitutional . (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-. ---S. 2(g)--Constitution of Pakistan (1973), Art. 199--"Permanent worker"--Person serving in an establishment for a period of less than three months could not be deemed to be a "permanent worker"--Labour Court's order for reinstatement of such worker suffers from legal infirmity because such worker was not terminated but had himself resigned and accepted his outstanding wages--Constitutional petition against decision of Labour Court was thus accepted and order of reinstatement of worker was set aside. S. Aijaz Hussain Rizvi for Petitioner. Nemo for Respondents Nos. 1 and 3. Raza Ali for Respondent No. 2. Date of hearing: 14th December, 1976. JUDGMENT Z. A. CHANNA, J.--This Constitutional petition is directed against an award, announced by the 5th Sind Labour Court on the 13th day of December, 1973, by which it ordered reinstatement of respondent No. 2. Khan Muhammad with continuation of service, on the ground that he was a permanent employee of the petitioner, Messrs Asiatic Optical Company, and that accordingly his services could not be terminated except by an order in writing stating the reasons for the action taken, as required by Standing Order No. 12. 2. The facts which have given rise to this petition are that respondent No. was employed as a polish man by the petitioner. According to the petitioner the said respondent was employed on 12th February, 1972, but according to the respondent, he was employed by the petitioner with effect from 17-1-1972. The admitted position, however, is that the respondent continued to work for the petitioner till 4-4-1972. As 5th April, 1972 was Sunday, the establishment of the petitioner was closed. From 5-4-1972 till 12-4-1972, the respondent No. 2 failed tc turn up…

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