High CourtsDivision Bench(2013) 07 GUJ CK 0047

Executive Engineer and Others vs Surendrakumar Ochhavlal Shah Since Decsd. Thru Legal Heirs

Gujarat High Court · Decided on 9 July 2013

HON’BLE JUDGES
Bhaskar Bhattacharya, C.J · J.B. Pardiwala, J
RESULT
Disposed Off
CASE NUMBER
Letters Patent Appeal No. 888 of 2008 in Special Civil Application No. 9936 of 2001 with Letters Patent Appeal No. 1247 of 2008 in Special Civil Application No. 8828 of 2001 with Letters Patent Appeal No. 588 of 2011 in Special Civil Application No. 2488

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 311 words

Bhaskar Bhattacharya, C.J.—All these appeals are taken up together as these can be disposed of on a pure question of law. All these Letters Patent Appeals under Clause-15 of the Letters Patent are directed against the respective orders passed by the respective learned Single Judges of this Court, by which the learned Single Judges disposed of the concerned Special Civil Applications preferred against the awards passed by the Labour Courts/Industrial Tribunals. But in those Special Civil Applications, the Labour Courts or the Industrial Tribunals, whose awards were sought to be quashed were not made parties.

2.

It may not be out of place to mention here that all those Special Civil Applications were described as ones under both Articles 226 and 227 of the Constitution of India.

3.

As held by this Court in the case of Revaben wd/o Ambalal Motibhai & ors. v. Vinubhai Purshottamdas Patel & Ors., reported in 2013 [1] GLH 440, in the absence of the Labour Courts/Industrial Tribunals, there was no scope of issuing any writ of certiorari and, therefore, in fact, the learned Single Judges exercised the jurisdiction under Article 227 of the Constitution of India.

4.

Such being the position, no Letters Patent Appeal is maintainable against an order passed by a learned Single Judge in exercise of power under Article 227 of the Constitution. On that ground alone, we dismiss these appeals. We make it clear that we have not gone into the merit and the dismissal of the appeals will not stand in the way of the appellants in seeking appropriate remedy before the appropriate forum in accordance with law.

5.

In view of dismissal of the appeals, connected Civil Application has become infructuous and is disposed of accordingly. Interim relief, if any, granted earlier is vacated. Registry is directed to keep a copy of this judgment in each of the appeals.