STANDARD OIL COMPANY Versus SYED NISAR AHMED JAFREE

This civil revision is directed against the judgment and decree, dated 2‑5‑1981, by which a learned Additional District Judge, Lahore, dismissed the appeal of the defendant‑petitioner on account of its being time‑barred, against the judgment and decree, dated 29‑5‑1979, whereby his suit, challenging his removal from service of the defendant‑petitioner was decreed.

2. The main contention of the learned counsel for the defendant petitioner is that the plaintiff‑respondent was a worker or workman within the meaning of Industrial Relations Ordinance, 1969 and the Civil Court had no jurisdiction to adjudicate upon his grievance because his remedy lay before the concerned Labour Court.

3. It has been pointed out by the learned counsel for the plaintiff respondent that no such objection, as has been now urged by the learned counsel for the defendant‑petitioner, was raised in its pleadings nor it was otherwise agitated before the lower forums and it is for the first time that hr: has chosen to argue it before this Court. He has pointed out that the plaintiff respondent had retired from service of the defendant‑petitioner in the year 1982 and he might be at the fag‑end of his life.

4. It has been conceded by the learned counsel for the defendant petitioner that the question of jurisdiction, as now urged by him on which the civil revision was admitted to regular hearing, was never agitated by his client during its pleadings nor by its counsel before the lower Courts. This being so, the learned counsel for the defendant‑petitioner cannot now urge it for the first time. The civil revision is, therefore, dismissed.

H.B.T./F‑18/L Revision dismissed.