1. AWARD By present application dated 16th September 1972 under section 34, Industrial Relations Ordinance, 1969, applicant is seeking direction against the respondents to pay him gratuity and leave salary for the service period of 14 years. Admitted facts are that applicant was employed as a Peon in the respondent Trade Estate and that his services were terminated on 30th April 1972. That applicant was paid salary up to 30th April 1972, apart from one month's notice pay and one month's salary in lieu of leave accumulated for two years. Case of the applicant is that as an employee, he had legal right to receive gratuity and leave salary for the period of 14 years of service, amounting to Rs. 1120 and 1680/respectively. That he had given notice to respondents as required by section 25-A, I. R. O., 1969 under certificate of posting, dated 22nd September 1972.
2. Respondents Nos. 4 and 6 are ex parte. Other respondents have raised following objections against the application : (1)That Court was not validly constituted within the meaning of section 35(2) of I. R.
3. O., 1969, when the application was filed. (2)That application should have been filed under section 25-A, I. R. O., 1969, rather than under section 34 of I. R. O., 1969. (3)That respondent Trading Estate had employed only 3 workmen and hence provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, were not attracted. (4)That the application was time-barred. (5)That application has been filed without giving any notice as contemplated by section 25-A of I. R. O., 1969. (6)That payment was to be made to the applicant by virtue of an understanding dated 26th January 1972 arrived at between the Trading Estate and the applicant and that payment has been made accordingly. (7)That in original application only demand for the gratuity was made but in the improved application applicant has further added the demand of leave salary pay. In support of the application, applicant has examined himself vide Exh, 18, while on behalf of respondent No. 9. Mr. Abdul Latif, General Manager