SARPANCH Vs. JASHVANTSINH DIPISNH RANA

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. 1373/2013, whereby the learned Single Judge was pleased to dismiss the said petition.

(2.) 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.

(3.) When this Court has 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 lebelled as the petition under Article 226 of the Constitution of India, it cannot be said that the appeal is maintainable.