Madhya Pradesh High Court
Manager Tandsi Project Of Wcl vs Organizing Secretary Rkkms Intuc on 19 July, 2017
WA-858-2016
(MANAGER TANDSI PROJECT OF WCL Vs ORGANIZING SECRETARY RKKMS INTUC)
19-07-2017
Shri Anoop Nair, Advocate for the appellant.
Shri Ashish Mishra, Advocate for the respondent.
I.A.No.442/2017 and I.A.No.4660/2017 The application (I.A.No.442/2017) is for dismissal of the appeal as the same is said to be not maintainable and the application (I.A.No.4660/2017) is for recalling the stay order dated 22.3.2017 passed by this Court in this appeal.
The issue whether the intra-court appeal would be maintainable against an order passed in a writ petition arising out of an award of a Labour Court has been examined by the Full Bench of this Court in Writ Appeal No.286/2017- Shaillendra Kumar Vs. Divisional Forest officer and another decided on 6.7.2017, wherein it has been held that an order passed in a writ petition arising out of an Award of a Labour Court is composite order under Article 226 and 227 of the Constitution of India and, that intra-court appeal would be maintainable.
In view of the said fact, we do not find any merit in the said applications. The same are dismissed.
(HEMANT GUPTA) (VIJAY KUMAR SHUKLA) CHIEF JUSTICE JUDGE C