ADMINISTRATIVE OFFICER Vs. PURIBA CHANDUBHA JADEJA

JUDGEMENT

(1.) WE have heard Ms. Asmita V. Patel, learned advocate for the appellant and Mr. P.H.Pathak, learned advocate for the respondent.

(2.) THIS appeal has been filed to challenge the judgement of learned Single Judge dated 4/10/2007 passed in S.C.A. No. 25919/2006, whereby learned Single Judge has affirmed the award passed by the Labour Court, Rajkot in (LRC) No. 1831/1994 dated 15/6/2006. In the said judgement, learned Single Judge has clearly held that the writ petition was before him under Article 227 of the Constitution of India.

(3.) THEREFORE , since the order passed by learned Single Judge was under Article 227 of the Constitution of India, the L.P.A. would not be maintainable in view of the decision of Division Bench of this Court in case of Revaben w/o Ambalal Motibhai and Ors Vs. Vinubhai Purshottambhai Patel and others, reported in 2013 (1) GLH, 440, was called upon to decide whether in Appeal under Clause 15 of the Letters Patent would be maintainable. In view of the fact that the learned Single Judge really exercise jurisdiction under Article 227 of the Constitution of India. The Division Bench after analysis of various judgements of this Court and Hon'ble Supreme Court observed as under: