Visnagar Muncipality and Others vs Jitendrakumar Babulal Barot and Others

Bhaskar Bhattacharya, C.J.—All these appeals under clause 15 of the Letters Patent are taken up together as these can be disposed of on a pure question of law. These appeals are directed against orders passed in respective Special Civil Applications which have been described as one both under Article 226 and 227 of the Constitution of India where the subject matter of challenge is award passed by the Labour Court/Industrial Court/Industrial Tribunal but the Labour Court/Industrial Court/Industrial Tribunal was not made a party in the respective writ-application.

Such being the position, in view of our judgment in the case of Revaben Wd/o a. Motibhai v. V.P. Patel reported in 2013 (1) GLH 440, we are of the opinion that these appeals are not maintainable being preferred against orders passed in respective writ-applications in exercise of power under Article 227 of the Constitution of India.

On the above ground alone, we dismiss these appeals. No costs.

We, however, make it clear that we have not gone into the merits of the cases 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. In view of the above order passed in the appeal, the connected Civil Applications do not survive and the same are dismissed accordingly. No costs.