M P ELECTRICITY BOARD Vs. SHOBHANATH PANDEY

JUDGEMENT

(1.) On 11.10.2006, when the matter had come up for admission, a preliminary objection was raised by learned counsel for respondent No.1, with regard to maintainability of this Writ Appeal in view of the proviso appended to Section 2, of M.P. Uchha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005 (hereinafter for brevity shall be referred as 'Adhiniyam of 2005'), on the ground that even though the petition of respondent No.1 was filed under Articles 226/227, of the Constitution of India, but essentially and basically it was a petition only under Article 227 of the Constitution.

(2.) According to learned counsel for respondent No.1, if that be so, then Writ Appeal against such an order passed by learned Single Judge would not be maintainable, as the contents of the petition would show that it was only under Article 227 of the Constitution of India.

(3.) Feeling aggrieved by the said order of reversion passed against respondent No.1, he was constrained to move an application under section 31(3) read with Section 61 of the M.P. Industrial Relations Act, 1960 (hereinafter for brevity shall be referred to as 'Act'), before the Labour Court for quashment of his order of reversion and the other consequential order passed against him.