NANDLAL B. KHARWAD Vs. DHRANGADHRA CHEMICAL WORKS LTD.

JUDGEMENT

(1.) ALL appeals are directed against the order passed by the learned Single Judge dated 4.8.2010 in the respective Special Civil Applications, whereby, the learned Single Judge has not interfered with the award passed by the Labour Court for dismissal of the reference and the petitions were dismissed.

(2.) IN our view, since the appellants -petitioners were the persons who invoked the jurisdiction of the Labour Court under the Act, there was no question of writ of certiorari. Neither the petitioners contended in the petitions, nor before the learned Single Judge that the Labour Court had no jurisdiction to pass the award. The contention of the appellants was that they could be termed as workmen and there was breach of statutory provisions under section 25 -G and 25 -H of I.D. Act and therefore, the reference ought not to have been dismissed.

(3.) UNDER the circumstances, we find that the petitions were essentially under Article 227 of the Constitution and the learned Single Judge exercised the powers under Article 227 of the Constitution and further the Labour Court was not even joined as party respondent in the main Special Civil Applications, the present appeals under Clause 15 of the letters patent cannot be maintained. The reference may be made to the decision in case of Gujarat State Road Transport Corporation v. Firoze M. Mogal and another, : 2014 (1) GLH 1 wherein, the larger Bench at para No. 254 has concluded thus.