- (1.) A preliminary objection has been raised by Shri Vijay Kumar Singh, Senior Advocate, assisted by Shri Hritudhwaj Pratap Sahi, learned counsel for the respondents, to the effect that the instant Special Appeal is not maintainable in view of the provisions of Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952.
(2.) The writ petition in the instant case, was instituted against an order passed by the Labour Court on 04.10.2006. The learned Single Judge by the judgment and order rendered on 21st August, 2018 was pleased to allow the writ petition.
(3.) The provisions of Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 are being extracted below for convenience to determine the issue of maintainability of the Special Appeal:- "[5. Special appeal :- An appeal shall lie to the Court from a judgment (not being a judgment passed in the exercise of appellate jurisdiction) in respect of a decree or order made by a Court subject to the superintendence of the Court and not being an order made in the exercise of revisional jurisdiction or in the exercise of its power of superintendence or in the exercise of criminal jurisdiction [or in the exercise of the jurisdiction conferred by Article 226 or Article 227 of the Constitution in respect of any judgment, order or award--(a) of a tribunal, Court or statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any Uttar Pradesh Act or under any Central Act, with respect to any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the Constitution, or (b) of the Government or any officer or authority, made or purported to be made in the exercise or purported exercise of appellate or revisional jurisdiction under any such Act] of one Judge.]";