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Judgment
Petitioner has filed this writ petition under Article 226 of the Constitution of India contained in Annexure P/1 passed by Labour Court, Satna in case no. IDR/26/2015.
Issue before Court is whether power under Article 226 can be exercised to quash an order of Labour Court.
Article 226 of the Constitution of India is quoted as under-:
226. Power of High Courts to issue certain writs:
(1)Notwithstanding anything in article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warrantor and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose
High Court is vested with power to issue writs in nature of habeas corpus, mandamus prohibition, quo-warranto, certiorari of any of them for enforcement of rights conferred by Part-III or for another purpose. Said writs can be issued if impugned order of action of State is in violation of fundamental rights or if impugned order is in violation of law's of Central or State Legislature or Govt. Writ/Order/ Directions can be issued under Article 226 (1) to any Government, Authority or person. Writ of certiorari under Article 226(1) of the Constitution of India cannot be issued to quash an order which has been passed by Court or Tribunal. Power to quash an order of Tribunal or Courts can be exercised by High Courts under Article 227 of the Constitution of India. Article 226 gives power to High Court to issue writs/orders or in case where order of action in question is of (i) Government (ii) Authority and (iii) Person.
Article 227 of the Constitution of India reads as under:-
227. Power of superintendence over all courts by the High Court
(1)Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction. (2) Without prejudice to the generality of the foregoing provisions, the High Court may-- (a) call for returns from such courts;
make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts. (3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision or any law for the time being in force, and shall require the previous approval of the Governor. (4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.
Article 227 of the Constitution of India gives power of superintendence to High Court over all courts and tribunals through out the territories in relation to which it exercises jurisdiction.
On going through the Articles 226 and 227 of the Constitution of India it is found that there is clear distinction between the two when High Court has to exercise its power under Article 226 and when it has to exercise its power under Article 227 of the Constitution of India. When prayer is made for issuing writs mentioned in Article 226(1) against Govt. authority or a person, High court has to exercise its jurisdiction under Article 226. When prayer is made by a party to do superintendence over action of Court or Tribunal within its territories or to issue writ of certiorari to quash order passed by Courts and Tribunal, High Court has to exercise power under Article 227 and Article 226 of the Constitution of India.
There is a sea of difference between Authority, Government, Person and Courts/Tribunals. Authority is a statutory body created by statute which has been vested with power and command to do particular acts. That body has to act within a specific field over which it is given power to act. For example development authorities like BDA, JDA, Municipal Corporations, Municipalities, Gram Panchayats etc. All these are authorities which have been formed by statute to do particular acts. They have to act within four corners of the act by which they have been created. Subordinate Courts are established by Article 233 of the Constitution of India and appointments, recruitment and control over subordinate courts is laid down in Articles 233, 233-A, 233, 235, 236, 237 of the Constitution of India. Administrative Tribunals and Tribunal for other matters are created under Articles 323-A and 323-B of the Constitution of India. Courts and Tribunals cannot be said to be an Authority under Article 226 (2) of the Constitution of India, therefore, High Court cannot issue writ of certiorari under Article 226(1) of the Constitution of India for quashing of order passed by Courts or Tribunals. High Court can exercise its jurisdiction for quashing of orders passed by the Courts or Tribunals under Article 227 of the Constitution of India. Clear distinction is there between the powers which is to be exercised by High Court under Article 226 and 227 of the Constitution of India. High Court exercises its original jurisdiction in quashing orders passed by Govt. and authority or order which are passed by quasi judicial appellate authority. Supervisory jurisdiction is exercised by High Court to issue writ of certiorari for quashing judicial order or orders passed by the Courts or Tribunals.
Petitioner has filed this writ petition under Article 226 of the Constitution of India for quashing an award passed by Labour Court. Labour Court is not an Authority. Labour Court falls within the definition of Court and Tribunal and, therefore, petitioner is at liberty to file miscellaneous petition under Article 227 of the Constitution of India for quashing of the award dated 2.5.2019. Further petitioner is required to file certified copy of the order which is under challenge before High Court. Court will not exercise its jurisdiction on basis of photo copies of the order. As per rule, certified copy of the orders of the Courts or Tribunals are to be produced before the Court in accordance with The High Court of Madhya Pradesh Rules,2008.
Registry has also committed an error in not listing the case in default as certified copy of the award dated 2.5.2019 was not filed before Court in accordance with Chapter X Rule 30 of High Court Rules and Orders.
In view of same, writ petition is dismissed. Liberty is granted to petitioner to file petition under Article 227 of the Constitution of India along with certified copy of the award dated 2.5.2019 in accordance with Chapter X Rule 30 of The High Court of Madhya Pradesh Rules, 2008.