Appeal: Intra Court appeal – Scope of – Industrial Tribunal passed an award directing regularization of the workers – Single Judge of the High Court upheld the award – Division Bench of High Court taking the view that matter needs a fresh look by the Tribunal – Propriety of – Held: Not proper – A perusal of the award passed by the Industrial Tribunal and detailed analysis made by the Single Judge, show that there is no scope for the Industrial Tribunal to adjudicate on any further aspect – All relevant aspects were considered meticulously by the Single Judge – Being a writ proceedings, the Division Bench was called upon, in the intra court appeal, primarily to consider the correctness or otherwise of the view taken by the Single Judge – The Division Bench is required to consider the appeal(s) on merits by deciding on the correctness of the judgment of the Single Judge, instead of remitting the matter to the Tribunal – Thus, impugned judgment of the Division Bench is set aside and matter remitted to it to dispose of writ appeals on merits – Service Law.
Steel Authority of India Ltd. & Ors. v. National Union Waterfront Workers & Ors. (2001) 7 SCC 1 :
[2002] 2 Suppl. SCR 106 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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