STATE OF GUJARAT Vs. BATUKBHAI DAYALJIBHAI RATHOD

JUDGEMENT

(1.) SINCE the respondent has already entered appearance and this Appeal can be disposed of on a pure question of law, we propose to take up the Appeal itself for admission.

(2.) THIS Letters Patent Appeal under clause 15 of the Letters Patent is at the instance of the employer and is directed against an award passed by the learned Labour Court, Rajkot, dated 29th March 2005 passed in Reference (LCR) No.1668 of 1986 disposing of the reference by issuing direction to reinstate the respondent workman with 25% backwages and continuity of service on his original post.

(3.) IT appears that although the Special Civil Application, out of which the present Letters Patent Appeal is preferred, was described as one under both Articles 226 and 227 of the Constitution of India, the Labour Court, whose order was sought to be quashed, was not made a party and, thus, there was no scope of exercising writ of certiorari. It appears from the order impugned that the learned Single Judge has really exercised the power of superintendence by refusing to interfere with the award impugned. Such being the position, this Letters Patent Appeal under Clause 15 of the Letters Patent is not maintainable against the exercise of powers under Article 227 of the Constitution of India and on that ground alone, this Appeal is liable to be dismissed. [See Revaben Wd/o. Ambalal Motibhai and Others v. Vinubhai Purshottambhai Patel and Others reported in 2013 (1) GLH 440]