S. J. MUKHOPADHAYA, C.J. The short question involved in this case is-

"Whether while challenging the award passed by the Labour Court or the Industrial Court or the Industrial Tribunal, particularly in a case where no specific relief is sought for against the concerned Labour Court/ Industrial Court/Industrial Tribunal, such Labour Court/Industrial Court/ Industrial Tribunal is required to be joined as party respondent."

2. The learned Single Judge observed that there are two conflicting decisions rendered by a Division Bench of this Court in the case of Steel Authority of India Ltd. v. Gujarat Mazdoor Panchayat, reported in 2004 (1) GLR 729 and in the case of Gujarat State Road Transport Corporation v. Pravin Joshi, reported in 2004 (4) GLR 3379.

3. When the matter was noticed by the Division Bench while referring to different decisions, the Division Bench came to a prima facie conclusion that one or the other judgment may hold good at appropriate case, which depends upon the nature of the petition i.e. whether the petition was filed under Art. 226 of the Constitution of India or under Art. 227 of the Constitution of India or both under Art. 226 and Art. 227 of the Constituti