(Per : HONOURABLE MR.JUSTICE A.L.DAVE)
1. This appeal arises out of the order passed by the learned Single Judge on 27.6.2011 in Special Civil Application No.4175 of 2011 observing that no case is made out for interference and hence, the petition is dismissed.
2. The petition arose out of an award passed by the Labour Court, Bharuch in Reference (LCB) No.121 of 2006 dated 6.12.2010 whereunder the petitioner - appellant was directed to pay 20% back wages from 27.6.2006 with further direction to reinstate an employee.
3. The employer preferred the said petition which came to be dismissed. The said petition was preferred under Articles 226 and 227 of the Constitution of India wherein the following reliefs were sought :
"(A) A writ of mandamus or certiorari and/or any other suitable writ may be issued for quashing and setting aside the Award of the Hon'ble Labour Court passed in Ref.No.121/2006 at Annexure-A dated 06.12.2010, and it may be held that the Respondent is not entitled for any amount of back wages and reinstatement as awarded by the Hon'ble Labour Court and be pleased to held that the Respondent is not entitled for any relief from the Petitioner Company.
(B) That pending admission and final disposal of this petition the implementation and execution of the Award passed in Reference (LCB) No.121/2006 at Annexure-A may be stayed by way of interim relief.
(C) Any other relief this Hon'ble Court deem fit and proper be granted.
(D) The petitioner reserves his right to amend or to alter or to rescind the petition as and when it is necessary."
4. We have examined the record produced before us.
5. The petition nowhere asserts violation of any constitutional right. The reliefs sought in the petition are issuance of a writ of mandamus or certiorari for quashing and setting aside the award of the Labour Court passed in Reference (LCB) No.121 of 2006 on 6.12.2010. The Labour Court is not made as party respondent.
6. In light of the decision of the Full Bench of this Court dated 28.7.2011 rendered in Special Civil Application No.12382 of 2010 wherein it is observed that :
"(i) In a petition for relief under Article 226 of Constitution of India against any judgment or award passed by the Industrial Tribunal or Labour Court, such Industrial Tribunal or Labour Court is a necessary party. In absence of such necessary party, no rule and writ can be issued under Article 226 against such Industrial Tribunal or the Labour Court, and
(ii) But if a petition for relief is filed under Article 227 of the Constitution of India, the Court or the Tribunal whose order is impugned in the petition, is not a necessary party to such petition under Article 227 of the Constitution of India......"
7. In our view, therefore, this appeal is not maintainable. The appeal stands dismissed.
8. In view of the above order, the Civil Application stands disposed of.
(A.L.Dave,J) (Mohinder Pal,J) pathan Top