ATAKABEN Vs. BOMBAY MERCANTILE CO-OP. BANK LTD.

JUDGEMENT

(1.) The present appeal is directed against the order dated 13.7.2010 passed by the learned Single Judge of this Court in Special Civil Application No. 4600 of 2010, whereby, the learned Single Judge has dismissed the petitioner and did not interfere with the award passed by the Labour Court.

(2.) The said award of the Labour Court so far as related to not granting back-wages was challenged by the petitioner before the learned Single Judge. When the appellant-petitioner had themselves invoked the jurisdiction of the Labour Court, there was no question of writ of certiorari, nor such contention for want of jurisdiction on the part of the Labour Court was contended in the petition, nor at the hearing before the learned Single Judge. The learned Single Judge examined the merits and found that the Labour Court has rightly not awarded the back-wages and did not interfere with the award passed by the Labour Court. No further direction has been issued by the learned Single Judge which can be said as originated for the first time from the source of powers under Article 226 of the Constitution.

(3.) Apart from the above, the Labour Court was not impleaded as party so as to maintain the prayer for writ of certiorari.