- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by the Division Bench of the Madhya Pradesh High Court Jabalpur Bench holding that the Letters Patent Appeal was not maintainable. Initially, the matter was agitated by the respondent No.1 (hereinafter referred to as the 'employee'), before the Labour Court under reference made under Section 10 of the Industrial Disputes Act, 1947 (in short the 'Act'), which was decided in favour of respondent no.1. Thereafter the writ petition was filed which was dismissed by learned Single Judge. The Division Bench, as noted above, dismissed the Letters Patent Appeal on the ground that it was not maintainable as the order was in terms of Article 227 of the Constitution Of India, 1950 (in short the 'Constitution'). According to the appellant, the nomenclature is of no consequence. It is the nature of the relief sought for and the controversy involved which determines the Article which is applicable.
(3.) In addition, the High Court seems to have gone by the nomenclature discription of the writ petition to be one under Article 227 of the Constitution. The High Court did not consider the nature of the controversy and the prayer involved in the Writ petition. As noted above, the prayer was to quash the order of the Labour Court.;