- (1.) SUPPLEMENTARY affidavit filed today be placed on record.
(2.) MRS . Shraddha Agarwal, who has put in appearance on behalf of Respondent No. 4, has raised a preliminary objection regarding maintainability of the writ petition, on the ground that the since the proceedings arise out of the provision of Section 33(C)(2) of the Industrial Disputes Act, therefore, appeal would not lie under Chapter VIII Rule 5 of the Allahabad High Court Rules. Learned Counsel for the Appellant could not satisfy as to how the appeal is maintainable.
(3.) IN view of the Full Bench Judgment in the case of Sheet Gupta v. State of U.P. and Ors., 2010 (28) LCD 1045 the Court in Para 14 of the report, has considered the orders against which special appeal would not lie. Para 14 of the aforesaid Judgment reads as under: 14. Having given our anxious consideration to the various pleas raised by the learned Counsel for the parties, we find that from the perusal of Chapter VIII Rule 5 of the Rules a special appeal shall lie before this Court from the judgment passed by one Judge of the Court. However, such special appeal will not lie in the following circumstances: 1. The judgment passed by one Judge in the exercise of appellate jurisdiction, in respect of a decree or order made by a Court subject to the superintendence of the Court; 2. the order made by one Judge in the exercise of revisional jurisdiction; 3. the order made by one Judge in the exercise of the power of Superintendence of the High Court; 4. the order made by one Judge in exercise of criminal jurisdiction;;