STATE OF GUJARAT Vs. VISLIBEN MAHUBHAI PALAS

JUDGEMENT

(1.) BY way of the present Letters Patent Appeal, the appellant ­ original petitioner has challenged the judgment and order dated 10.4.2012 passed by the learned Single Judge in Special Civil Application Nos. 4283 to 4300 of 2012 which has given rise to the present Letters Patent Appeal.

(2.) IN the writ petitions, the appellant ­ original petitioner has challenged the common judgement and award dated 21.4.2011 passed by the In -charge Presiding Officer, Labour Court, Dahod in Reference (LCD) No.183 of 2008 (old No.246 of 2000), Reference (LCD) No.184 of 2008 (old No.247 of 2000), Reference (LCD) No.185 of 2008 (old No.248 of 2000), Reference (LCD) No.187 of 2008 (Old No.250 of 2000) to Reference (LCD) No. 193 of 2008 (Old No.256 of 2000), Reference (LCD) No. 195 of 2008 (Old No. 258 of 2000) to Reference (LCD) No. 202 of 2008 (Old No. 265 of 2000) whereby the Reference Court has partly allowed the references and granted lump sum compensation to the workmen in lieu of reinstatement. By the impugned judgement, the learned Single Judge dismissed the writ petition. Though the writ petition was titled as one under 226 of the Constitution of India, no writ of certiorari was issued by the learned Single Judge and, therefore, the writ petition was essentially under Article 227 of the Constitution of India as the learned Single Judge has exercised the powers under Article 227 of the Constitution of India.

(3.) IN view of the aforesaid Full Bench decision, the present Letters Patent Appeal is not maintainable. Hence, the present Letters Patent Appeal stands dismissed as not maintainable. We, however, make it clear that we have otherwise, not gone into the merit and the dismissal of this appeal will not stand in the way of the appellant in seeking appropriate remedy before the appropriate forum in accordance with law. There shall be no order as to costs.