Madhya Pradesh High Court
Yogendra Singh Chouhan vs Intas Pharmaceuticals Limited on 27 February, 2021
Author: Sujoy Paul
Bench: Sujoy Paul
The High Court of Madhya Pradesh : Bench at Indore
W.A. No.46/2021
(Yogendra Singh Chouhan Vs. Managing Director Intas Pharmaceuticals Ltd. & Anr.)
Indore:27.02.2021
Shri H.K. Pardasani, learned counsel for the appellant.
Shri Girish Patwardhan, learned counsel for the
respondents/employer.
Heard on I.A. No.774/2021 raising a preliminary objection. Learned counsel for the employer submits that the learned writ court considered his petition which was filed under Article 227 of the Constitution of India and consequently passed the impugned order which was in exercise of power under Article 227 of the Constitution of India. Thus, this intra- Court appeal is not maintainable.
Learned counsel for the Workmen placed reliance on a Full Bench decision of this Court in W.A. No.286/2017 (Shailendra Kumar Vs. Divisional Forest Officer).
In our view, the Court has merely set aside the award of Labour Court and has not passed any consequential directions. Merely because employer has filed the petition with a caption that it is filed under Article 227 of the Constitution of India, it will not decide the character of order passed by learned Single Judge in the instant case. It is mainly the nature of power exercised which will determine whether the impugned order is passed under Article 226 or under Article 227 of the Constitution of India. The Full Bench opined as under :-
16. Therefore, we find that an order of the Labour Court or an Industrial Tribunal is amenable to the writ of certiorari under Article 226 of the Constitution. In exercise of writ of certiorari, the High Court demolishes the order which it considers to be without jurisdiction or palpably erroneous but does not substitute its own views for those of the inferior tribunal. The Constitutional Bench judgment of the Hon'ble Supreme Court reported as T.C. Basappa v. T. Nagappa, AIR 1954 SC 440, held as under:-
"7..................The second essential feature of a writ of certiorari is that the control which is exercised through it over judicial or quasi- judicial tribunals or bodies is not in an appellate The High Court of Madhya Pradesh : Bench at Indore W.A. No.46/2021 (Yogendra Singh Chouhan Vs. Managing Director Intas Pharmaceuticals Ltd. & Anr.) but supervisory capacity. In granting a writ of certiorari the superior court does not exercise the powers of an appellate tribunal. It does not review or reweigh the evidence upon which the determination of the inferior tribunal purports to be based. It demolishes the order which it considers to be without jurisdiction or palpably erroneous but does not substitute its own views for those of the inferior tribunal. The offending order or proceeding so to say is put out of the way as one which should not be used to the detriment of any person [Vide Per Lord Cairns in Walshall's Overseers v. London and North Western Railway Co., (1879) 4 AC 30, 39.]"
17. But issuance of the directions after setting aside an order passed in exercise of powers conferred under Article 226, is only under Article 227 of the Constitution. Therefore, the Court exercises composite jurisdiction which will make intra Court appeal maintainable. Thus the order passed by the Division Bench in Superintendent, Rajmata Vijaya Raje Scindia Regional Agricultural Research Station, Ujjain's Case (Supra) does not lay down correct principal of law and is thus overruled.
(Emphasis Supplied) In view of this Full Bench decision, this writ appeal is maintainable. We are unable to hold that the impugned order passed by the learned Single Judge was in exercise of power under Article 227 of the Constitution of India only.
The objection is overruled.
Parties agreed to argue the matter finally on 03/03/2021. List the matter on 03/03/2021.
(Sujoy Paul) (Shailendra Shukla)
Judge Judge
pn
Preetha Nair
2021.03.01
14:18:49 +05'30'