M/S. Mitra S.P. P Ltd., vs Dhiren Kumar on 22 March, 2022
5. In the course of hearing, the issue that had fallen for consideration
was about the maintainability of the writ appeals. Referring to various
judgments of Hon'ble the Supreme Court and different High Courts in State
of Maharashtra v. Labour Law Practitioners' Assn. 1 , Management of
Hindustan Times Ltd. v. Aita Ram 2 , Shailendra Kumar v. Divisional
Forest Officer3, Gurushanth Pattedar v. Mahaboob Shahi Kulburga Mills
and another 4, Caparo Engineering India Ltd. v. Ummed Singh Lodhi and
another (Civil Appeal Nos.5829-5830 of 2021), Vishnu Ganapathi Naik v.
The Management of NWKRTC 5 and Ghanshyam Sharma v. Regional
Manager, Rajasthan State Road Transport Corporation6, Mr. N. Ashwani
Kumar, learned counsel for the workman, argued that the award passed by
the Labour Court being essentially an adjudication of a civil dispute by a
judicial forum, the learned single Judge could have exercised power only
under Article 227 of the Constitution of India and that being so, writ appeals
are not maintainable against an order passed in exercise of powers under
Article 227 of the Constitution of India.