Gujarat High Court
Ipcl Employees Association - Through ... vs Reliance Industries Ltd & on 30 July, 2013
Author: Chief Justice
Bench: Bhaskar Bhattacharya
IPCL EMPLOYEES ASSOCIATION - THROUGH GENERAL SECRETARY....Appellant(s)V/SRELIANCE INDUSTRIES LTD C/LPA/1242/2011 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL NO. 1242 of 2011 with CIVIL APPLICATION No. 8979 of 2011 In SPECIAL CIVIL APPLICATION NO. 4709 of 2011 ================================================================ IPCL EMPLOYEES ASSOCIATION - THROUGH GENERAL SECRETARY....Appellant(s) Versus RELIANCE INDUSTRIES LTD & 5....Respondent(s) ================================================================ Appearance: MR NK MAJMUDAR, ADVOCATE for the Appellant(s) No. 1 MR. PARTH BHATT, ASSTT. GOVERNMENT PLEADER for the Respondent(s) No. 4 - 5 MR PARITOSH CALLA, ADVOCATE for the Respondent(s) No. 6 MR KAMAL TRIVEDI, with MR. K.D. GANDHI for NANAVATI ASSOCIATES, ADVOCATE for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 2 - 3 ================================================================ CORAM: HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA and HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 30/07/2013 ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) This Letters Patent Appeal under Clause 15 of the Letters Patent is at the instance of the Employees' Association, and is directed against an order dated 10th May, 2011, passed by a learned Single Judge of this Court in SCA No. 4709 of 2011, wherein the subject matter of challenge was an award passed by an Industrial Tribunal.
It appears that although the SCA was described as one both under Article 226 and 227 of the Constitution of India, the concerned Industrial Tribunal, whose award was sought to be quashed, was not made party. Over and above, the learned Single Judge has specifically arrived at the conclusion that His Lordship in exercise of the power under Article 227 of the Constitution of India, did not find any reason to interfere with the order impugned.
Although the Industrial Tribunal has been made as party in this Letters Patent Appeal, in our opinion, in view of the fact that before the learned Single Judge such Tribunal was not made party, by impleading Tribunal at the appellate stage, the nature of the order impugned cannot be changed so as to make it an appealable order.
Such being the position, in view of the order passed by this Division Bench in the case of Revaben wd/o Ambalal Motibhai Vs. Vinubhai Purshottambhai Patel, reported in 2013 (1) G.L.H 440, this Letters Patent Appeal under Clause 15 of the Letters Patent is not maintainable. We, consequently, dismiss this appeal as not maintainable.
We make it clear that we have otherwise not gone into the merits of the matter and dismissal of this appeal will not stand in the way of the appellant in seeking appropriate remedy before the appropriate forum, in accordance with law.
In view of dismissal of the appeal, pending CA has become infructuous and the same is disposed of accordingly.
(BHASKAR BHATTACHARYA, C.J.) (J.B.PARDIWALA, J.) Mohandas Page 3 of 3