DISTRICT DEVELOPMENT OFFICER Vs. MAHENDRA DEVELOPMENT P TRIVEDI

JUDGEMENT

(1.) (Oral) - Present appeal challenges judgment and order dated 06-07/09/2011 rendered in SCA No.5721 of 2011. The said petition was preferred by present respondent, who was an employee / workman who came to be terminated on 01/04/2000. He, therefore, raised an industrial dispute in respect of which reference was made which was registered by Labour Court, Jamnagar being Reference (LCJ) No.20 of 2009. The Labour Court ultimately rejected the said reference by judgment and award dated 20/02/2008 and the same was challenged by filing petition before the learned Single Judge on 27/04/2011.

(2.) The above order is the order impugned in this appeal which is preferred invoking Clause-15 of the Letters Patent.

(3.) The question that this Court is required to examine at this stage is whether the appeal is maintainable or not. In this context reference may be made to a decision in case of Vijay Hathising Shah & Anr. Vs. Gitaben Parshottamdas Mukhi L.R. Of Chanchalben P Mukhi & Ors., reported in 2011 (3) GLH 449 and earlier decision in case of Bhagyodaya Co-operative Bank Limited Vs. Natvarlal K Patel & Anr., reported in 2011 (3) GLH (FB) 89 . It is contended by learned Advocate Mr.B A Vaishnav that the petition was preferred by the respondent under Art. 226 and 227 of the Constitution of India and, therefore, may be treated as one under Art. 226 and appeal may be entertained.