DURGA DEVI Vs. HORTICULTURE/FOREST

JUDGEMENT

(1.) THIS appeal is directed against the order dated 5th December, 2007 whereby the C. M. (Main) No. 1583/2007 filed by the appellant was dismissed. The husband of the appellant was working with the respondent/management. An application was filed by the husband of the appellant under section 33 (c) (2)of the Industrial Disputes Act, 1947 on 11. 6. 1991 for computation of rs. 3,60,000/- on account of non-payment of earned wages for a period from 4. 09. 1970 to 1. 12. 1970.

(2.) THE management contested the said case on the ground that the husband of the appellant had not been in employment of the management since 4. 09. 1970 to 1. 12. 1970. There are other defences taken in the reply filed by the management. The learned Labour Court before whom the said proceedings were pending also allowed the parties to adduce their evidence and thereafter on consideration of the facts and circumstances of the case it was held by the Presiding Officer that workman was not entitled to get any amount on account of the earned leave wages, differences of wages, cost of uniform and over time wages. The said order was passed on 19. 05. 2001.

(3.) IN the meantime the husband of the appellant died in the year 1999. The appellant filed a petition in this court which was registered as C. M. (Main)No. 1583/2007. It is true that the aforesaid petition was a petition framed under Article 226/227 of the Constitution of India. But the same was treated as a petition mainly under Article 227 of the Constitution of India. If a petition is treated as a petition under Article 227 of the Constitution of India, a letters Patent Appeal (LPA) would not be maintainable, but if the petition is framed and accepted as a Petition under Article 226 of the Constitution of india, an LPA therefrom would be maintainable. The Supreme Court has settled the aforesaid position in the decision ?lokmat Newspapers Pvt. Ltd. Vs. Shankar prasad?, (1999) 6 SCC 275.