' ZAFFAR HUSSAIN MIRZA, J.--G.N. Bazmi, respondent No, 3, was in the employment of the petitioner when his service was terminated on 10th April, 1976. On his application under section 25-A of the Industrial Relations Ordinance, the Labour Court ordered the reinstatement of respondent No, 3 with back benefits.
2. The petitioner then challenged the order of the Labour Court in an appeal before the Labour Appellate Tribunal, Karachi, but the same was dismissed for non-prosecution on 27th November, 1980. The petitioner then filed an application for restoration of the appeal which was also dismissed for insufficiency of grounds urged.
3. The petitioner challenged the order of the Appellate Tribunal in a Constitutional petition, mainly on the ground that respondent No, 3's petition under section 25-A was time-barred. The learned Judges of the Division Bench of Sind High Court, held, that as the petitioner had not challenged the order of the Labour Court before whom the question of limitation was not even otherwise raised, the Constitutional petition was not in proper form. Additionally they were of the view that the order passed by the Labour Appellate Tribunal which was indeed the subject-matter of challenge before them did not suffer from any infirmity of jurisdiction. Accordingly they dismissed the Constitutional petition by their judgment dated 10th December, 1987.
4. In seeking leave to appeal it is mainly contended on behalf of the petitioner by the learned counsel that although the learned Judges of the Division Bench found the petition of respondent No, 3 under section 25-A to be barred by limitation, they unjustifiably refused relief to the petitioner.
We find no force in this contention and are of the opinion that the judgment of the High Court is based upon valid reasons inasmuch as the petitioner itself did not challenge the order of the Labour Court and had not raised the point of limitation before the Labour Court. There is, therefore, no merit in this petition which is accordingly dismissed.