(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) The appellant has invoked Clause 15 of the Letters Patent to challenge order dated 27.7.2011 in Special Civil Application No.267 of 2011 of learned Single Judge of this Court, whereby the appellant's petition challenging award dated 14.12.2009 of Labour Court, Jamnagar, in Reference (LCJ) No.246 of 1994 was dismissed. As recently held by Division Bench of this Court [Coram: S.J.Mukhopadhaya, CJ (as His Lordship then was) and J.B.Pardiwala, J.] in Gustadji Dhanjisha Buhariwala and Another v. Nevil Bhamansha Buhariwala and Others [2011 (2) GLH 147], the central issue required to be considered for maintainability of the appeal is whether the point raised in the petition arose for adjudication for the first time before the High Court. If the challenge in the petition was with respect to the point already adjudicated upon by the subordinate Court then the supervisory jurisdiction of the High Court was invoked and not the original. Therefore, an appeal against the decision of the High Court rendered in its supervisory jurisdiction would not be maintainable. Respectfully following the ratio of the aforesaid judgment, the appeal is dismissed as not maintainable.
(D.H.Waghela, J.) (N.V.Anjaria, J.) *malek Top