1987 (9) TMI 44 - SC - VAT and Sales Tax

Grant a certificate of fitness to file an appeal - Held that - The High Court can issue a certificate only when it is satisfied that the conditions in article 132 or article 133 or article 134 of the Constitution, as the case may be, are satisfied. In the instant case, such a certificate could not have been issued by reason of clause (3) of article 133 of the Constitution by the learned single judge. The fact that in a similar case a certificate had been issued by Division Bench of the High Court consisting of two judges in a case decided by the Division Bench did not empower the single judge to issue a certificate under article 133(1) of the Constitution in a case decided by him. The restriction placed by clause (3) of article 133 of the Constitution could not be got over by relying upon the order of the Division Bench. Therefore the certificate revoked .

Summary

Issues:
- Issuance of a certificate under article 134A of the Constitution by a learned single judge of the High Court of Bombay.
- Interpretation of article 134A of the Constitution and its applicability to the case.
- Examination of the power of the High Court to issue a certificate suo motu under articles 132, 133, and 134 of the Constitution.
- Impact of clause (3) of article 133 on the issuance of certificates by a single judge of the High Court.

Analysis:
The judgment in question revolves around the issuance of a certificate under article 134A of the Constitution by a learned single judge of the High Court of Bombay. The certificate was issued in relation to an order passed in a writ petition where employees of the State Bank of India challenged the management's authority to determine work hours and recess periods. The single judge granted the certificate for appeal to the Supreme Court without specifying the article under which the appeal could be filed, contrary to the requirements of article 134A.

The interpretation of article 134A is crucial in this case. It is highlighted that the certificate under article 134A can only pertain to matters falling under article 132(1), article 133(1), or article 134(1)(c) of the Constitution. The judgment clarifies that the case does not fall under article 132(1) or sub-clause (c) of article 134(1) as it does not involve a substantial question of law concerning the Constitution or a criminal proceeding. Hence, the case could potentially fall under article 133(1) for appeal to the Supreme Court.

The judgment delves into the power of the High Court to issue certificates suo motu under articles 132, 133, and 134 of the Constitution. It emphasizes that article 134A was introduced to address the absence of provisions regarding the time and manner of applying for a certificate before the High Court. The High Court's authority to issue a certificate is contingent upon satisfying the conditions specified in the relevant articles. In this instance, the single judge's issuance of the certificate was deemed improper due to the limitations imposed by clause (3) of article 133.

Ultimately, the Supreme Court revoked the certificate issued by the single judge. However, the petition of appeal was permitted to be treated as a special leave petition under article 136 of the Constitution and scheduled for preliminary hearing. This decision underscores the importance of adhering to the constitutional provisions governing the issuance of certificates for appeals to higher courts.