SAHARA INDIA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Sudeep Seth, learned Senior Advocate, assisted by Shri Piyush Kumar Agarwal for the appellant and Shri Dhruv Mathu for the respondent no.3. The notices on behalf of the respondents no.1 and 2 have been accepted by the office of the Chief Standing Counsel.

(2.) The instant appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 has been preferred challenging the judgment dated 02.07.2019 passed by the learned Single Judge in Writ Petition No.5003 (M/S) of 2018.

(3.) At the very outset, Shri Dhruv Mathur appearing for the respondent no.3 has raised a preliminary objection regarding the maintainability of the above special appeal primarily on the ground that the proceeding initiated before the learned Single Judge was on account of the fact that an order had been passed by the Deputy Labour Commissioner/Prescribed Authority under the U.P. Industrial Peace (Timely Payment of Wages) Act, 1978. It has been submitted that since the aforesaid order passed by the Deputy Labour Commissioner who acts as a Tribunal has been assailed by preferring a writ petition under Article 226 of the Constitution of India, thus the judgment rendered by the learned Single Judge is not amendable to an intra court appeal in terms of Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 and in support of his submission, he has relied upon a Division Bench judgment of this Court Silk and Kapda Karmchari Union Vs. Deputy Labour Commissioner, Varanasi & others, 2013 8 ADJ 123 wherein relying upon the Full Bench decision of this Court in Sheet Gupta Vs. State of U.P. & others, 2010 AIR(All) 46 (Alld.), it has been held that an appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 will not be maintainable if it arises out of an order/judgment made by the learned Single Judge in the exercise of jurisdiction conferred by Article 226 or Article 227 of the Constitution of India in respect of any judgment, order or award by the tribunal, the court or statutory arbitrator.