SARPANCH Vs. PRAKASHCHANDRA BHALCHANDRA GOR

JUDGEMENT

(1.) BY way of the present Letters Patent Appeal, the appellant -original petitioner has challenged the judgment and order dated 24.7.2013 passed by the learned Single Judge in Special Civil Application No. 1374/2013, whereby the learned Single Judge was pleased to dismiss the said petition. In the writ petition, the appellant herein original petitioner has challenged the order dated 27.12.2012 passed by the Labour Court, Himatnagar. The writ petition was essentially under Article 227 of the Constitution of India and no writ of certiorari was issued.

(2.) WHEN this Court has pointed out to Mr. Jappee learned advocate for the appellant that this appeal is covered by the decision of the Full Bench of this Court, Mr. Jappee has submitted that the petition was essentially under Article 226 of the Constitution of India challenging the order of the Labour Court, and therefore, this LPA would be maintainable. The submission is also de -void of merits and we are unable to persuade ourselves to hold that just because the petition was labelled as the petition under Article 226 of the Constitution of India, it cannot be said that the appeal is maintainable.

(3.) IN view of the aforesaid Full Bench decision, the present Letters Patent Appeal is not maintainable as the learned Single Judge has exercised jurisdiction under Article 227 of the Constitution of India. 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. As the main appeal is dismissed, Civil Application No. 10836 of 2013 is also dismissed.