CHANDRAKANT PARSOTTAMBHAI PATEL v. ADARSH CO-OP DEPARTMENT STORES LTD.
2007-06-26
A.M.KAPADIA, H.N.DEVANI
body2007
DigiLaw.ai
A. M. KAPADIA, J. ( 1 ) INSTANT appeal under clause 15 of the Letters Patent is directed against the order dated 14. 2. 2000 rendered in Special civil Application No. 816 of 2000 by the learned Single Judge of this Court by which the prayer to issue a writ of certiorari or any other appropriate writ, order or direction to quash and set aside the award dated 3. 8. 1999 passed by the Labour Court, ahmedabad in Reference (LCA) No. 2502 of 1988 and to further direct the respondent no. 1 to reinstate the appellant with full backwages on the original post, has been rejected and thereby the petition filed by the appellant has been dismissed. ( 2 ) HAVING heard Mr. D. C. Raval, learned advocate for the appellant and having perused the impugned order as well as the averments made in the petition and the documents forming part of the petition, it is seen that the learned Single Judge has considered the petition filed by the appellant as a petition under Article 227 of the constitution of India. Therefore, according to us, against the order passed in a petition filed under Article 227 of the Constitution of India, Letters Patent Appeal under clause 15 of the Letters Patent is not maintainable. ( 3 ) SEEN in the above context, since the appeal is not maintainable, same deserves to be dismissed at its inception. ( 4 ) FOR the foregoing reasons, the appeal fails and accordingly it is dismissed at the threshold.