(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) None present for the appellant, even as the appeal is called out for hearing twice during the course of the day.
The appeal is preferred from the order dated 28.6.2011 of the learned Single Judge of this Court in Special Civil Application No.4760 of 2011 whereby the challenge of the appellant to the award of the Labour Court was turned down. Since the learned Single Judge could not have exercised the jurisdiction under Article 226 of the Constitution, as held by the Division Bench of this Court in Gustadji Dhanjisha Buhariwala and another Vs. Nevil Bamansha Buhariwala and others, [2011 (2) GLH 147], the appeal under clause 15 of the Letters Patent is not maintainable. Therefore, the appeal as well as the application are dismissed in limine.
When towards the end of the dictation of the order, learned counsel Mr.Pathak appeared. He submitted that the appellant has already joined the Labour Court concerned as one of the party respondents so as to make the appeal maintainable. However, in view of clear preposition of law laid down in the aforesaid judgment by the Division Bench of this Court, the appeal is still not maintainable.
(D.H.Waghela,J) (Mohinder Pal,J) pathan Top