STATE OF U P Vs. MAHENDRA AND ANOTHER

JUDGEMENT

(1.) This Special Appeal has been filed under Chapter VIII Rule 5 of the Allahabad High Court Rules to assail the judgment and order dated 17 February 2017 of a learned Judge of this Court by which the writ petition filed by the State of Uttar Pradesh to assail the award dated 20 April 2011 passed by the Labour Court, Gorakhpur in Adjudication Case No.470 of 1992 has been dismissed.

(2.) Though number of submissions have been made by learned counsel for the appellant to assail the award, learned counsel for the respondents has submitted that the Special Appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules would not be maintainable.

(3.) We find force in the submissions advanced by learned counsel for the respondents. A Division Bench of this Court in Vajara Yojna Seed Farm & Others Vs. Presiding Officer, Labour Court II & Ors., (2003) 1 UPLBEC 496 has held that a Special Appeal filed against a judgment rendered in a writ petition challenging the order of a Labour Court would not be maintainable.