STATE OF M.P. Vs. PATIRAM

JUDGEMENT

(1.) This intra-court appeal preferred u/S.2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 (for brevity 'Adhiniyam, 2005') assails the final order dated 12.07.2019 passed by learned Single Judge dismissing the petition in question by which challenge was made to the award of labour Court passed under I.D. Act declaring the termination of respondent/workman to be unlawful retrenchment and directing for reinstatement with 25% backwages.

(2.) Registry of this Court and as well as learned senior counsel, Shri K.N. Gupta appearing on behalf of respondent/workman raised preliminary objection as to maintainability of this appeal by submitting that impugned order of learned Single Judge was passed while exercising supervisory jurisdiction under Article 227 of Constitution, and therefore, in view of statutory bar contained in Sec.2 of Adhiniyam, 2005, this writ appeal is not maintainable.

(3.) Dwelling upon the issue of maintainability, this Court need not go into prolixity of arguments as the issue has since been decided by authorotative judgment rendered by Full Bench of this Court in Shaillendra Kumar Vs. Divisional Forest Officer and another, 2017(4) MPLJ 109. Relevant paragraphs 16, 17 and 18 are reproduced below for ready reference and convenience:-