NAVA NARODA GRAM PANCHAYAT Vs. RAJUBHAI SOMABHAI BHARWAD

JUDGEMENT

(1.) WE have heard learned counsel Mr. Mitul K. Shelat for the appellant.

(2.) THIS Letters Patent Appeal has been filed challenging the judgment and order dated 30.7.1998 passed by the learned Single Judge in Special Civil Application No.7469 of 1997 by which the learned Single Judge has dismissed the writ petition filed by the appellant herein.

(3.) IT appears that although the writ petition was described as one under both Article 226 and 227, the Labour Court whose order was sought to be quashed was not made a party, and at the same time, the petitioner prayed for quashing of the aforesaid award by which the Labour Court reinstated the workman with full back wages. As indicated earlier, the learned Single Judge has refused to interfere with the award after considering the evidence on record. Such being the position, we are of the view that the learned Single Judge, in fact, exercised jurisdiction under Article 227 of the Constitution of India as there was no scope for exercising the power of issue of writ of certiorari when the Labour Court itself was not made a party before the Court. Revaben wd/o Ambalal