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2002 Supreme(All) 646

S. K. SEN, R. K. AGRAWAL
HIND LAMP LIMITED – Appellant
Versus
DEPUTY LABOUR COMMISSIONER, AGRA – Respondent


Advocates Appeared:
B.N.SINGH, V.B.SINGH, Vjjay Sinha

SHYAMAL KUMAR SEN, C. J.

( 1 ) WE have heard Shri V. B. Singh learned senior counsel assisted by Shri Vijay Sinha learned counsel for the appellant and Shri b. N. . Singh learned counsel for the respondents.

( 2 ) SHRI B. N. Singh learned counsel submits that the present Special Appeal at the instance of the appellant is not maintainable. According to him, the order dated March 27, 2002 passed by the Deputy Labour commissioner, Agra granting permission to the appellant to lay off its workmen is an order of Tribunal. This Court had passed the order in exercise of its power of general superintendence under Article 226 read with article 227 of the Constitution of India and in view of the provisions of Rule 5 of Chapter VIII of the Allahabad High Court Rules, the Special appeal is not maintainable. He relied upon the decision of Division Bench of this Court in the case of Ram Kripal Singh v. U. P, State Road transport Corporation, Lucknow and others, 1999-II-LLJ-763 (All-DB ).

( 3 ) SHRI V. B. Singh learned senior counsel however, submits, that the impugned order passed by the learned single Judge has all the trappings of final order since the order dated March 27, 2002 passed by the D













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