STATE OF GUJARAT Vs. KIRITBHAI SOMABHAI BARIYA

JUDGEMENT

(1.) WE have heard Mr N.J. Shah,learned Assistant Government Pleader for the appellant and Mr Songara, learned advocate for the respondent.

(2.) THIS Letters Patent Appeal filed under Clause 15 of the Letters Patent is directed against the oral judgment dated 8 th March 2006 of the learned Single Judge passed in Special Civil Application No.4288 of 2006 by which he rejected the writ petition whereby the award dated 28th October 2005 passed by the Labour Court, Baroda in Reference (LCB) No.461 of 1990 came to be confirmed. The writ petition was filed by the State of Gujarat against the aforesaid order passed by the Labour Court. In the writ petition, the Labour Court was not impleaded as a party. Therefore, the writ petition was essentially a writ petition under Article 227 of the Constitution of India.

(3.) THIS Court in case of Revaben wd/o Ambalal Motibhai and Ors. Vs. Vinubhai Purshottambhai Patel and others, reported in 2013 (1) GLH, 440, was called upon to decide whether an Appeal under Clause 15 of the Letters Patent would be maintainable in view of the fact that the learned Single Judge really exercised jurisdiction under Article 227 of the Constitution of India. The Division Bench, after analysis of various judgments of this Court and Hon'ble Supreme Court, observed as Under :