DEPOT MANAGER, APSRTC Vs. G SESHAGIRI RAO

JUDGEMENT

(1.) This Court has heard the learned Advocate General instructed by Sri M. Soloman Raju, learned standing counsel for the APSRTC for the appellant, Sri C. Raghu, learned senior counsel instructed by Sri V.Ch. Naidu for the 1st respondent and the learned Government Pleader for Labour.

(2.) Learned Advocate General appearing for the appellant and the learned senior counsel for the 1st respondent argued the matter both on merits and on question of law. Learned Advocate General submits that the objection raised by the respondent that the writ appeal is not maintainable is not correct. He submits that the Division Bench of this Court in W.A.No.615 and 671 of 2021 has passed an order which has to be relooked. It is his contention that leading cases on the subject were not brought to the notice of the Division Bench and the Bench proceeded to decide the matter by holding that the Labour Court is also a Civil Court and, therefore, the Writ Petition under Article 227 only would lie. It is his contention that the Labour Court is not a Civil Court. Relying upon the compendium of case law which he has filed including Bharat Bank Ltd., v The Employees of Bharath Bank, AIR 1950 SC 188; Nalgonda Cooperative Socieity v Labour Court,(1993) 2 ALT 661; National Institute of Mental Health & Neuro Sciences v C. Parameshwara,(2005) 2 SCC 256; Apollo Tyres Ltd., v C.P. Sebastian,(2009) 14 SCC 360 and E.Lakshmi Narayana v High Court of A.P.,W.P.No.893 of 2013 learned Advocate General submits that the Labour Court is not a Civil Court. Therefore, he prays that this Court should hold that the order passed in W.A.No.615 and 671 of 2021 is not correct and that the Letters Patent Appeal is maintainable. He also placed reliance on various provisions of the Industrial Disputes Act to argue that the Labour Court is not a Civil Court.

(3.) Even on merits learned Advocate General argued that the learned single Judge committed a serious error in passing "further orders" in a Writ of Certiorari, which is not permissible as per him.