2008 (12) TMI 834 - SC - Indian Laws

Summary

Issues Involved:
1. Maintainability of Letters Patent Appeal.
2. Nature of jurisdiction exercised by the High Court under Articles 226 and 227 of the Constitution.
3. Interpretation of the relief sought in the writ petition.

Summary:

1. Maintainability of Letters Patent Appeal:
The primary issue in this appeal was whether the Letters Patent Appeal was maintainable. The Division Bench of the Madhya Pradesh High Court had dismissed the appeal on the ground that it was not maintainable as the order was in terms of Article 227 of the Constitution of India. The Supreme Court held that the High Court erred in its decision by focusing on the nomenclature rather than the nature of the relief sought and the controversy involved. The Court emphasized that the nomenclature is of no consequence and it is the nature of the relief sought that determines the applicable Article.

2. Nature of Jurisdiction Exercised by the High Court:
The Supreme Court discussed the distinction between Articles 226 and 227 of the Constitution. It referred to previous judgments, including *Hari Vishnu Kamath v. Ahmad Ishaque* and *Umaji Keshao Meshram v. Radhikabai*, to clarify that under Article 226, the High Court can annul a decision of a Tribunal, whereas under Article 227, it can issue further directions. The Court noted that the prayer in the writ petition was to quash the order of the Labour Court, indicating that the matter was under Article 226.

3. Interpretation of the Relief Sought in the Writ Petition:
The Court examined the relief sought in the writ petition and concluded that the High Court had failed to consider the nature of the controversy and the prayer involved. The Supreme Court reiterated that when a writ petition is filed under both Articles 226 and 227, the Court should treat the application as being made under Article 226 to ensure that the party is not deprived of the right of appeal. The Court cited *Sushilabai Laxminarayan Mudliyar v. Nihalchand Waghajibhai Shaha* and *Lokmat Newspapers (P) Ltd. v. Shankarprasad* to support this view.

Conclusion:
The Supreme Court concluded that the High Court was not justified in holding that the Letters Patent Appeal was not maintainable. The impugned order was set aside, and the writ appeal was directed to be heard by the Division Bench on merits. The appeal was allowed.