NAGAR PANCHAYAT LANDHORA Vs. DAMODAR PRASAD

JUDGEMENT

(1.) RAJEEV Gupta, C. J.

(2.) MR. Lok Pal Singh and MR. Nanak Chand Gupta, the learned coun sel for the respondents have raised a pre liminary objection about the maintainability of the Special Appeal on the ground that the impugned judgment was passed in a writ petition filed against the award of the Labour Court and as such, the present Special Appeal is not maintainable.

(3.) RULE 5 of Chapter VIII of the Allahabad High Court RULEs, as appli cable to the High Court of Uttaranchal (now Uttarakhand), reads as follows : "5. Special appeal.- An appeal shall He to the Court from a judg ment (not being a judgment passed in the exercise of appellate jurisdic tion in respect of a decree or order made by a Court subject to the su perintendence of the Court and not being an order made in the exercise of revisional jurisdiction or in the ex ercise of its power of superintendence or in the exercise of criminal jurisdic tion or in the exercise of jurisdiction conferred by Article 226 or Article 227 of the Constitution in respect of any judgment, order or award (a) of a tribunal, Court or statutory arbitra tor, made or purported to be made in the exercise or purported exercise of jurisdiction under any Uttar Pradesh Act or under any Central Act, with respect to any of the matters enu merated in the State List or the Con current List in the Seventh Schedule to the Constitution, or (b) of the Gov ernment or any Officer or authority, made or purported to be made in the exercise or purported exercise of ap pellate or revisional jurisdiction under any such Act of one Judg. "