DIVISIONAL MANAGER Vs. GOVINDBHAI SOMABHAI

JUDGEMENT

(1.) WE have heard Ms Reeta Chandarana, learned counsel for the appellant.

(2.) THIS Letters Patent Appeal has been filed challenging the judgment and order dated 12 th July 2007 passed by the learned Single Judge in Special Civil Application No.11893 of 2000. The writ petition was filed by the workman against the order passed by the Industrial Tribunal on 29.12.1999 by which the Industrial Tribunal reinstated the respondent workman in service with 75% back wages including increment and consequential benefits. The order of the Tribunal was challenged by the petitioner by way of filing writ petition. In the writ petition, the Industrial Tribunal was not impleaded as a party. Therefore, the writ petition was essentially a writ petition under Article 227 of the Constitution of India.

(3.) THIS Court in case of Revaben wd/o Ambalal Motibhai and Ors. Vs. Vinubhai Purshottambhai Patel and others, reported in 2013 (1) GLH, 440, was called upon to decide whether an Appeal under Clause 15 of the Letters Patent would be maintainable in view of the fact that the learned Single Judge really exercised jurisdiction under Article 227 of the Constitution of India. The Division Bench, after analysis of various judgments of this Court and Hon'ble Supreme Court, observed as Under :