1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR LETTERS PATENT APPEAL NO. 316/2007 WITH CIVIL APPLICATION NO. 2977/07 (The Executive Engineer, Z.P. Wardha vs. Madhukar Ramaji Kale and another) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Shri P.D.Meghe, Adv. for appellant. Shri S.A.Kalbande, Adv. for R-1 CORAM : A.M.KHANWILKAR AND S.R.DONGAONKAR, JJ DATED : 20 th JUNE, 2008. Heard. Counsel for the respondent has raised preliminary objection with regard to maintainability of the letters patent appeal. It was argued that merely because in the title of the writ petition reference is made to Article 226 & 227 of the Constitution of India or for that matter relief claimed in the petition is one of issuance of writ of certiorari, that by itself is not sufficient to assume that exercise of jurisdiction under Article 226 of the Constitution was inevitable in the fact situation of the present case. Counsel for the appellant although submitted that the appeal was maintainable, in our opinion, however, the appellant is not in a position to point out even a singular ground for challenging the order of the Labour Court, which could be 2 entertained only by exercising jurisdiction under Article 226 of the Constitution. Recently we had occasion to consider similar contention in L.P.A. NO. 195/2008. For the same reasons, therefore, we hold that this L.P.A. is not maintainable. The same is dismissed. The C.A. 2977/07 is also dismissed. JUDGE JUDGE Rvjalit