JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the order passed by the Division Bench of the Madhya Pradesh High Court Jabalpur Bench holding that the Letters Patent Appeal was not maintainable. Initially, the matter was agitated by the respondent No.1 (hereinafter referred to as the `employee'), before the Labour Court under reference made under Section 10 of the Industrial Disputes Act, 1947 (in short the `Act'), which was decided in favour of respondent no.1. Thereafter the writ petition was filed which was dismissed by learned Single Judge. The Division Bench, as noted above, dismissed the Letters Patent Appeal on the ground that it was not maintainable as the order was in terms of Article 227 of the Constitution of India, 1950 (in short the `Constitution'). According to the appellant, the nomenclature is of no consequence. It is the nature of the relief sought for and the controversy involved which determines the Article which is applicable.

3. In addition, the High Court seems to have gone by the nomenclature discription of the writ petition to be one under Article 227 of the Constitution. The High Court did not consider the nature of the controversy and the prayer involved in the Writ petition. As noted above, the prayer was to quash the order of the Labour Court.

4. Section 2 of the Act reads as follows:

"2(1) An appeal shall lie from a judgment or order passed by the one Judge of the High Court in exercise of original jurisdiction under Article 226 of the Constitution of India, to a Division bench comprising of two judges of the same High Court.

Provided that no such appeal shall lie against an interlocutory order or against an order passed in exercise of supervisory jurisdiction under Article 227 of the Constitution of India."

5. This Court in Hari Vishnu Kamath v. Ahmad Ishaque and Ord. (AIR 1955 SC 233) held that the High Court while issuing writ of certiorari under Article 226 of the Constitution can only annul a decision of a Tribunal whereas under Article 227 of the Constitution it can issue further directions as well. As noted above the prayer in the Writ Petition was to set aside the decision of the Labour Court.

6. In Umaji Keshao Meshram v. Radhikabai [AIR 1986 SC 1272] it was noted as follows:

"Under Article 226 an order, direction or writ is to issue to a person, authority or the State. In a proceeding under that article the person, authority or State against whom the direction, order or writ is sought is a necessary party. Under Article 227, however, what comes up before the High Court is the order or judgment of a subordinate court or tribunal for the purpose of ascertaining whether in giving such judgment or order that subordinate court or tribunal has acted within its authority and according to law. Prior to the commencement of the Constitution, the Chartered High Courts as also the Judicial Committee had held that the power to issue prerogative writs possessed by the Chartered High Courts was an exercise of original jurisdiction (see Mahomedalli Allabux v. Ismailji Abdulali (AIR 1926 Bom 332), Raghunath Keshav Khadilkar v. Poona Municipality,(AIR 1945 Bom 7) Ryots of Garabandho v. Zemindar of Parlakimedi (AIR 1943 PC 164) and Moulvi Hamid Hasan Nomani v. Banwarilal Roy [(1946-47) 74 Ind App 120,130-131]. In the last mentioned case which dealt with the nature of a writ of quo warranto, the Judicial Committee held:

"In Their Lordships' opinion any original civil jurisdiction possessed by the High Court and not in express terms conferred by the Letters Patent or later enactments falls within the description of ordinary original civil jurisdiction."

By Article 226 the power of issuing prerogative writs possessed by the Chartered High Courts prior to the commencement of the Constitution has been made wider and more extensive and conferred upon every High Court. The nature of the exercise of the power under Article 226, however, remains the same as in the case of the power of