IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No 807 of 1998 in SPECIAL CIVIL APPLICATION No 8623 of 1997 For Approval and Signature: HON'BLE MISS JUSTICE R.M.DOSHIT and HON'BLE MR.JUSTICE S.R.BRAHMBHATT ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- RAJKOT DISTRICT PANCHAYAT Versus POONABHAI LAKHABHAI -------------------------------------------------------------- Appearance: 1. LETTERS PATENT APPEAL No. 807 of 1998 MR VIJAY H PATEL for the Appellant Respondent SERVED -------------------------------------------------------------- CORAM : HON'BLE MISS JUSTICE R.M.DOSHIT and HON'BLE MR.JUSTICE S.R.BRAHMBHATT Date of decision: 13/01/2005 ORAL JUDGEMENT (Per : HON'BLE MISS JUSTICE R.M.DOSHIT) The appellant - Rajkot District Panchayat has challenged the order of the learned Single Judge dated 23rd March, 1998 made in Special Civil Application No.8623/1997. The aforesaid writ petition was preferred by the appellant against the judgment and award dated 29th November, 1996 passed by the Labour Court, Rajkot in Reference (LCR) No.1163/1985. The learned Single Judge was of the opinion that it was not possible for the Court to reappreciate evidence while deciding a petition under Article 227 of the Constitution of India. The Appeal under clause 15 of the Letters Patent shall not lie against the order made by the learned Single Judge in exercise of power of superintendence conferred upon the High Court by Article 227 of the Constitution of India. The Appeal is, therefore, dismissed. There shall be no order as to cost. ( Ms. R.M.Doshit, J. ) ( S.R.Brahmbhatt, J. ) /sakkaf