V.M. Sahai, J.@mdashBy way of the present Letters Patent Appeals, the appellant -original petitioner has challenged the judgment and order dated 20.12.2012 passed by the learned Single Judge in Special Civil Application Nos. 9941 to 9950 of 2012 whereby the learned Single Judge was pleased to dismiss the writ petitions preferred by the appellant herein.
2. In the writ petition, the appellant has challenged the judgment and award dated 30.11.2011 passed by the Labour Court, Dahod.
The writ petitions have been dismissed by the learned Single Judge. Though the writ petitions were titled as under Article 226 of the Constitution of India, no writ of certiorari was issued by the learned Single Judge and the learned Single Judge has exercised powers under Article 227 of the Constitution of India. Therefore, the writ petition was essentially under Article 227 of the Constitution of India.
3. The Five Judges Full Bench of this Court in the case of
(x) If the Special Civil Application is described as one not only under Article 226 of the Constitution, but also under Article 227 of the Constitution of India and the Court or the Tribunal whose order is sought to be quashed, is not made a party, the application is not maintainable as one for the relief of certiorari in the absence of the concerned Tribunal or Court as party, but the same may be treated as one under Article 227 of the Constitution of India. If the Court or Tribunal is not impleaded as a party respondent in the main petition, then by merely impleading such court or tribunal for the first time in the Letters Patent Appeal will not change the nature and character of the proceedings before the learned Single Judge. By merely impleading such a Court or Tribunal for the first time in the LPA, the appeal could not be said to be maintainable, if the proceedings before the learned Single Judge remained in the nature of supervisory proceedings under Article 227 of the Constitution.
xi) If the learned Single Judge, in exercise of a purported power under Article 227 of the Constitution sets aside the order of Tribunal or Court below and at the same time, the essential conditions for issue of writ of certiorari are absent, no appeal will be maintainable against such order in view of the specific bar created under Clause 15 of the Letters Patent itself and such an order can be challenged only by way of a SLP before the Supreme Court.
4. In view of the aforesaid Full Bench decision, the present Letters Patent Appeals are not maintainable. Hence, the present Letters Patent Appeals stand dismissed as not maintainable. Rule discharged. We, however, make it clear that we have otherwise, not gone into the merit and the dismissal of this appeal will not stand in the way of the appellant in seeking appropriate remedy before the appropriate forum in accordance with law. C.A. also stand disposed.
