DISTRICT DEVELOPMENT OFFICER Vs. HUSAIN ALI

JUDGEMENT

(1.) WE have heard Mr.H.S. Munshaw,learned advocate appearing for the appellants and Mr.I.S.Supehia, learned advocate appearing for the respondent No.1.

(2.) LEARNED Counsel Mr.I.S.Supehia, appearing for the respondent No. 1, opposes his request on the ground that the Letters Patent Appeal itself is not maintainable as the order passed by Learned Single Judge is under Article 227 of the Constitution of India, and before the Learned Single Judge, Labour Court was not a party to the petition, therefore, the writ petition would be essentially under Article 227 of the Constitution of India.

(3.) THE aforesaid Division Bench judgment clearly lays down that once jurisdiction Under Article 227 has been exercised by the single Judge then appeal would not be maintainable and at the stage of appeal the appellant can not be permitted to convert the writ petition, which has already been disposed of under Article 227 of the Constitution of India.