VIJAY MANOHAR SAHAI, J.

1. We have heard learned advocate Mr.A.J.Shastri, learned advocate appearing for the appellant.

2. By way of the present Letters Patent Appeal, the appellant–original petitioner has challenged the order dated 07.12.2012 passed by the learned Single Judge in Special Civil Application No.14200 of 2007, by which, learned Single Judge has dismissed the writ petition, wherein the order dated 6.3.2007 passed by the Labour Court was challenged.

3. In our opinion, the learned Single Judge while dismissing the writ petition has not issued a writ of certiorari and the Labour Court was not made a party and therefore, the decision of the Five Judges' Full Bench of this Court will apply to the facts of this case.

4. 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.1149of2002,Dated:26.12.2013,has held as under :-

“(M)(x)If the Special Civil Application isdescribedas 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,