BOTAD MUNICIPALITY Vs. DHARAMSIBHAI MANJIBHAI

JUDGEMENT

(1.) THESE three Letters Patent Appeals under clause 15 of the Letters Patent are at the instance of an employer and is directed against a common order dated 15th June 2011 passed by a learned Single Judge in three Special Civil Applications being No.7003, 7005 and 7239 of 2011 by which the learned Single Judge refused to interfere with the order of the Labour Court on an application filed by the respondents under Section 33 C(1) of the Industrial Disputes Act, 1947 claiming backwages.

(2.) IT appears from the record that although the Special Civil Applications were described as ones both under Articles 226 and 227 of the Constitution of India in those Special Civil Applications the Labour Court was not made a party and as such, there was no scope of issue of writ of certiorari in the absence of the Labour Court (see Udit Narain Singh Malpaharia vs. Additional Member, Board of Revenue, Bihar reported in AIR 1963 SC 786). Over and above, we find that the learned Single Judge in the last paragraph of the order specifically recorded that he was not inclined to interfere with the order impugned therein in exercise of power under Article 227 of the Constitution of India.

(3.) ON that ground alone, we dismiss these appeals. We make it clear that we have otherwise not gone into merit and dismissal of these appeals will not stand in the way of the appellant in seeking appropriate remedy before the appropriate forum in accordance with law. Interim order granted earlier stands vacated.