LAWS(ALL)-2019-10-242

NAGAR PALIKA PARISHAD Vs. DHARMENDRA CHANDRA SHARMA

Decided On October 22, 2019
NAGAR PALIKA PARISHAD Appellant
V/S
Dharmendra Chandra Sharma Respondents

JUDGEMENT

(1.) A preliminary objection has been raised by Shri Vijay Kumar Singh, Senior Advocate, assisted by Shri Hritudhwaj Pratap Sahi, learned counsel for the respondents, to the effect that the instant Special Appeal is not maintainable in view of the provisions of Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952.

(2.) The writ petition in the instant case, was instituted against an order passed by the Labour Court on 04.10.2006. The learned Single Judge by the judgment and order rendered on 21st August, 2018 was pleased to allow the writ petition.

(3.) The provisions of Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 are being extracted below for convenience to determine the issue of maintainability of the Special Appeal:-