KESHOD MUNICIPALITY Vs. RAMABEN GHELABHAI KOLI

JUDGEMENT

(1.) WE have heard Mr Deepak Sanchela, learned advocate for the appellant and Mr Amr Mithani, learned advocate for the respondent.

(2.) THIS Letters Patent Appeal filed under Clause 15 of the Letters Patent is directed against the oral order dated 28 th January 2005 of the learned Single Judge passed in Special Civil Application No.1006 of 2005 by which he rejected the writ petition and confirmed the award dated 20 th December 2003 passed by the Labour Court, Junagadh in Reference (LCJ) No.2 of 1991. The writ petition was filed by the Gujarat State Road Transport Corporation against the order passed by the Labour Court dated 28th January 2005. In the writ petition, the Labour Court 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 :