(PER :
HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) This Letters Patent Appeal is at the instance of an unsuccessful applicant of Special Civil Application filed both under Articles 226 and 227 of the Constitution of India and is directed against the order dated 27th March 2012 passed by a learned Single Judge of this Court, by which His Lordship affirmed the award passed by the learned Labour Court.
Although in the Special Civil Application the Labour Court was made a party, it appears that learned Single Judge, by the order impugned, has not exercised any jurisdiction of issue of writ in the nature of certiorari but has affirmed the order on merits in exercise of powers conferred under Article 227 of the Constitution of India.
Such being the position, we find that this Appeal is not maintainable. We, accordingly, dismiss this Appeal on that ground alone. We make it clear that we have otherwise not gone into the merits and dismissal of this Appeal will not stand in the way of the appellant in seeking appropriate remedy before appropriate forum in accordance with law.
(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) *malek Page 2 of 2