(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The appellants have sought to challenge the order dated 18.06.2010 of learned Single Judge of this Court by invoking Clause-15 of the Letters Patent. It was fairly conceded, at the outset, that since the impugned orders have been made in the petitions, challenging awards of the Labour Court, the jurisdiction of the High Court under Article-227 of the Constitution only could have been invoked and in view of the clear declaration of law in recent decision of this Court in "GUSTADJI DHANJISHA BUHARIWALA AND ANR. VS. NEVIL BAMANSHA BUHARIWALA & ORS.", reported in (2011) 2 GLH 147, the appeals would not be maintainable. Therefore, there is no alternative, but, to dismiss the appeals. The appeals are not maintainable and are DISMISSED. However, in view of the provisions of Section 25-H of the Industrial Disputes Act, 1947, the appellants shall be entitled to claim the benefit, if any is due to them, and shall be at liberty to agitate that issue in any other appropriate proceedings.
(D.H.
WAGHELA, J.) (MOHINDER PAL, J.) Umesh/ Top