Citation : 2022 Latest Caselaw 16555 MP
Judgement Date : 13 December, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
WA No. 1790 of 2018
(THE STATE OF MADHYA PRADESH Vs KAMALCHAND)
Dated : 13-12-2022
Shri Aakash Sharma, G.A. for the Appellant/State.
Shri Karpe Prakhar Mohan, learned counsel for the Respondent [R-1].
Counsel for the respondent raised an objection regarding maintainability of this Writ Appeal as the Writ Petition was decided under Article 227 of the Constitution of India arising out of an award passed by the Labour Court. He
has also placed reliance over the judgment passed by the Apex Court in the case of Caparo Engineering India Ltd. vs. Ummed Singh Lodhi & another (Civil Appeal Nos. 5829-5830 of 2021) decided on 26.10.2021.
Counsel for the appellant submits that Full Bench of this Court has decided otherwise that a Writ Appeal in a matter arising out of award passed by Labour Court is maintainable. The matters requires hearing at length on the maintainability of the Writ Appeal.
List the matter after winter vacation for hearing on maintainability of the Writ Appeal.
(VIJAY KUMAR SHUKLA) (RAJENDRA KUMAR (VERMA))
JUDGE JUDGE
vatan
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 13-12-2022
18:34:36
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