M.Gowrishankar v. The Dy. General Manager (Sme),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2022 CORAM :

THE HON'BLE MR. JUSTICE M. DURAISWAMY AND THE HON'BLE MR. JUSTICE J. SATHYA NARAYANA PRASAD Writ Appeal Nos.884 and 885 of 2015 M.Gowrishankar ...

Appellant in both appeals Vs.

1. The Deputy General Manager (SME) Local Head Office, Circle Top House, No.16, College Lane, Chennai - 600 006.

2. The Assistant General Manager,

3. The Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Chennai.

... Respondents in W.A.No.884 of 2015

1. The Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Chennai.

2. The Deputy General Manager (SME) Local Head Office, Circle Top House, No.16, College Lane, Chennai - 600 006.

3. The Assistant General Manager, ... Respondents in W.A.No.885 of 2015 Prayer in W.A.No.884 of 2015 : Appeal filed under Clause 15 of Letters Patent against the order in Review Application No.308 of 2014 dated 02.06.2015 in W.P.No.24952 of 2012 and the common order passed on 17.10.2014 questioning the final Award in I.D.No.90 of 2006 on the file of the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Chennai. REVIEW APPLICATION NO.308/2014:- This Application has been filed to Review the Order Dated 17.10.14 made in WP.NO.24952/12 praying for Writ of Certiorari to call for the records in I.D.NO.90/2006 and quash the Award Dated 30.04.12. Prayer in W.A.No.885 of 2015 : Appeal filed under Clause 15 of Letters Patent against the order in Review Application No.305 of 2014 dated 02.06.2015 in W.P.No.

2529 of 2013 and the common order passed on 17.10.2014 questioning the final Award in I.D.No.90 of 2006 on the file of the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Couirt, Chennai. REVIEW APPLICATION NO.305/2014:- This Application has been filed to Review the Order Dated 17.10.14 made in WP.NO.2529/13 praying to call for the records in I.D.NO.90/2006 and quash the Award Dated 30.04.12.

For Appellant : Mr.N.G.R.Prasad in both appeals For Respondents : Mr.Anand Gopalan Standing Counsel for R1 and R2 in W.A.No.884 of 2015 and for R2 and R3 in W.A.No.885 of 2015 : Court (R3 in W.A.No.884 of 2015 and R1 in W.A.No.885 of 2015) C O M M O N J U D G M E N T (Delivered by M. DURAISWAMY, J.) The above Writ Appeals arise against the order dismissing the review applications in Rev.Appl.Nos.305 and 308 of 2014 filed in the writ petitions.

2.As per the provisions of Order XLVII Rule 7 C.P.C., an order of the Court rejecting the application shall not be appealable, but an order granting an application may be objected to at once by an appeal from the order granting the application or in an appeal from the decree or order finally passed or made in the suit.

3.From the provisions of Order XLVII Rule 7 C.P.C., it is clear that an order dismissing the review application is not appealable. Since the appellant has challenged the order of dismissal passed in review applications in Rev.Appl.Nos.305 and 308 of 2014, the Writ Appeals filed as against the said order, are not maintainable. Accordingly, these Writ Appeals are dismissed. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mkn To

1. The Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Chennai.

2. The Deputy General Manager (SME) Local Head Office, Circle Top House, No.16, College Lane, Chennai - 600 006.

3. The Assistant General Manager, +1cc to Mr.T.S.Gopalan & co, Advocate, S.R.No.6660 Writ Appeal Nos.884 and 885 of 2015 (CO) CT 28/02/2021