VIJAY MANOHAR SAHAI

1. We have heard Mr. D.G. Shukla, learned advocate appearing for the appellant.

2. This Letters Patent Appeal has been filed by the appellant challenging the impugned interim order dated 17.10.2013 passed by this Court, by which, the learned Single Judge has refused to grant interim relief in the writ petition filed by the appellant, wherein the award of the Labour Court has been challenged.

3. The Five Judges' Full Bench of this Court in the case of Gujarat State Road Transport Corporation v. Firoze M. Mogal and another, 2014 GLH 1 rendered in Letters Patent Appeal No.1149 of 2002, Dated: 26.12.2013, has held as under :-

“x) If the Special Civil Application is described as one not only under Article 226 of the Constitution, but also under Article 227 of the Constitution of India and the Court or the Tribunal whose order is sought to be quashed, is not made a party, the application is not maintainable as one for the relief of certiorari in the absence of the concerned Tribunal or Court as party, but the same may be treated as one under Article 227 of the Constitution of India. If the Court or Tribunal is not impleaded as a party respondent in the main