TALUKA DEVELOPMENT OFFICER Vs. SADAJI KUVARJI THAKORE

JUDGEMENT

(1.) All these matters are disposed of by this common judgment and order, as common question involved in these matters.

(2.) The appellants of Letters Patent Appeal No.924 of 1999 are the orignal petitioners of Special Civil Application No.1564 of 1999. They approached this Court under Article 226 and 227 of the Constitution of India against the impugned judgment and award dated 15th December, 1998, passed by the Labour Court, Kalol, in Reference (LCK) No.319 of 1995, whereby the Labour Court declared the termination order of the respondent-workman illegal and directed the appellants-petitioners to take him back in service with full back wages. This award dated 15.12.1998, passed by the learned Presiding Officer of the Labour Court, Kalol, was challenged by the appellants-petitioners by way of Special Civil Application No.1564 of 1999. The learned Single Judge, by his order dated 3.5.1999 dismissed the said writ petition, as he was in complete agreement with the reasons assigned by the Labour Court while passing the award. It is clear from the order of the learned Single Judge that, he has has exercised his powers under Article 227 of the Constitution, though the petition was labelled as a petition under Articles 226 and 227 of the Constitution.

(3.) In view of the judgment of the Honourable Supreme Court in the case of Kanaiyalal Agrawal v. Factory Manager, Gwalior Sugar Company Ltd., (2001) 9 SCC 609, Letters Patent Appeal in such cases would not be maintainable. Therefore, only on this ground, the appeal deserves to be dismissed. However, by way of abundant caution, we have thought it fit to go into the merits of the case.