CHETAN RANJITPRASAD ADHAVARYU Vs. DGP WINDSOR INDIA LTD

JUDGEMENT

(1.) ALL these Letters Patent Appeals were taken up together as those can be disposed of on a pure question of law.

(2.) OUT of the above matters, LPA Nos. 847/13 and 848/13 are filed along with application for condonation of delay. Since the appeal itself can be disposed of on a pure question of law, and the learned counsel appearing on behalf of the respondents are present, we condone the delay in filing those appeals and propose to take up hearing of those appeal also.

(3.) IN such circumstances, we propose to follow the decision of this very Bench in the case of Revaben Wd/o Ambalal Motibhai Vs. Vishnubhai Pursottambhai Patel, reported in 2013 (1) GLH 440, wherein we have held that the order impugned in that appeal must be held to be one passed in exercise of power under Article 227 of the Constitution and thus, an appeal under Clause 15 of the Letters Patent is not maintainable. In the absence of the Tribunal or the Labour Court whose order is sought to be quashed, there was no scope of exercising power of issue of certiorari as held by the Supreme Court in the case of Udit Narain Singh Malpaharia Vs. Additional Member, Board of Revenue, Bihar, reported in AIR 1963 SC 786.