( 1 ) THE workman being aggrieved by the award passed by the Industrial Tribunal, Hubli, in k. I. D. No. 403/2003 dated 13. 7. 2004 had filed a petition in W. P. No. 48999/2004 before this Court under Articles 226 and 227 of the Constitution of India. The Learned Single Judge by his order dated 27. 7. 2005, has rejected the writ petition and has confined the award passed by the industrial Tribunal, Hubli. It is the correctness or otherwise of the said order is questioned by the workman in this appeal.

( 2 ) THE matter is posted before the Court for preliminary hearing. After hearing the Learned counsel for the appellant, we are of the view that the appeal is not maintainable in view of the law declared by a Full Bench of this Court in the case of Gurushanth Pattedar Vs Mahaboob shahi Kulburga Mills and Another (ILR 2005 KAR 2503 ). In the said decision, the Court at paragraph 4 has observed as under:"4. Petitions are very often filed both under Articles 226 and 227 of the Constitution. When such is the case the Court will have to examine having regard to the nature of allegations made in the petition and the relief claimed therein as to whether the petitioner wants