The High Court of Madras dismissed two writ appeals filed under Letters Patent Clause 15. The court held that these appeals were not maintainable as they challenged the dismissal of review applications, citing Order XLVII Rule 7 CPC which states that dismissing an application is not appealable.
The writ appeals were dismissed as non-maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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.
Chennai - 600 006.
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.
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
+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
2 issues framed by the court
Whether a writ appeal is maintainable against an order dismissing a review application under Letters Patent Clause 15.
Whether Order XLVII Rule 7 of the CPC renders an order dismissing a review application non-appealable
2 provisions across 2 enactments
M.Gowrishankar
Deputy General Manager (SME) State Bank of India
Assistant General Manager, State Bank of India
The Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court
M. Duraiswamy
J. Sathya Narayana Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
