Supreme Court of India · 2008-12-05
STATE OF M.P. vs VISAN KUMAR SHIVCHARAN LAL
- Citation / case number
- SC 2006/32481
- Court
- Supreme Court of India
- Petitioner
- STATE OF M.P.
- Respondent
- VISAN KUMAR SHIVCHARAN LAL
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,
Judgment text excerpt
The Supreme Court held that the Division Bench of the Madhya Pradesh High Court erred in dismissing the Letters Patent Appeal on the grounds of maintainability under Article 227 of the Constitution of India. The Court clarified that the nature of the relief sought, rather than the nomenclature of the petition, determines the applicable Article. It emphasized that under Section 2 of the Industrial Disputes Act, 1947, an appeal lies from a judgment of a single judge under Article 226, and the High Court must consider the nature of the controversy involved in the writ petition.