Case Note & Summary
The present intra-court appeal was filed by the Management of Irudhukottai Primary Agricultural Co-operative Credit Society Ltd. against an order dated 12.03.2025 dismissing their Review Application No. 40 of 2015. The background involves a dispute where the 2nd respondent, an employee, was dismissed from service after a criminal conviction. He filed a claim petition before the Labour Court, Salem, which was allowed on 08.07.2009. The Management challenged this order in W.P.No.21443 of 2009, which was dismissed by a learned Single Judge on 09.08.2011. The Management then filed W.A.No.2294 of 2012, but before the Division Bench, they sought permission to withdraw the appeal to file a review application. The Division Bench granted liberty on 07.11.2012. Consequently, the Management filed Review Application No. 40 of 2015, which was dismissed on 12.03.2025. The present appeal challenges only the review dismissal order. The 2nd respondent raised a preliminary objection regarding maintainability, arguing that the order in the writ petition had become final and the review order alone cannot be challenged in a writ appeal. The appellant's counsel could not provide a clear answer. The court observed that even if the appeal were allowed, the writ petition order would remain in force, and the appeal against the review order is not maintainable. Accordingly, the court dismissed the writ appeal as not maintainable with no costs, and closed the connected miscellaneous petition.
Headnote
A) Civil Procedure - Intra-Court Appeal - Maintainability - Review Order - Clause 15 of Letters Patent - The court considered whether an intra-court appeal is maintainable against an order dismissing a review application when the original writ petition order had become final. The appellant had filed a review application after the writ petition was dismissed, and the review was also dismissed. The court held that the appeal against the review order alone is not maintainable because the writ petition order remains in force and cannot be challenged indirectly. (Paras 3-4)
Issue of Consideration
Whether an intra-court appeal under Clause 15 of the Letters Patent is maintainable against an order passed in a review application when the original writ petition order has become final.
Final Decision
The Writ Appeal is dismissed as not maintainable. No costs. Consequently, connected Miscellaneous Petition is closed.
Law Points
- Intra-Court Appeal against order in review application is not maintainable when the original writ petition order has become final
- Review order cannot be challenged in writ appeal if the writ petition was dismissed and no appeal was filed against it
Case Details
2026 LawText (MAD) (03) 231
W.A.No.2508 of 2025 AND C.M.P.NO.19488 OF 2025
S.M.Subramaniam, K.Surender
Mr.M.S.Palaniswamy for Appellant, Mr.S.V.Navin Prabhu for R2
The Management, K.K.123, Irudhukottai Primary Agricultural, Co-operative Credit Society, Ltd., Rep. by its Special Officer, Irudhukottai, Thenkanikottai, Krishnagiri District.
1. The Presiding Officer, Labour Court, Salem. 2. G.Vijayakumar
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Nature of Litigation
Intra-Court Appeal against dismissal of Review Application
Remedy Sought
Appellant sought to set aside the order dated 12.03.2025 in Review Application No. 40 of 2015 in WP No. 21443 of 2009
Filing Reason
Appellant challenged the dismissal of their review application against the order in the writ petition
Previous Decisions
Labour Court allowed claim petition on 08.07.2009; Writ Petition No. 21443 of 2009 dismissed on 09.08.2011; Writ Appeal No. 2294 of 2012 withdrawn with liberty to file review; Review Application No. 40 of 2015 dismissed on 12.03.2025
Issues
Whether an intra-court appeal under Clause 15 of the Letters Patent is maintainable against an order passed in a review application when the original writ petition order has become final.
Submissions/Arguments
Respondent 2 raised preliminary issue that the order in the writ petition has become final and review order alone cannot be challenged in the Writ Appeal.
Appellant's counsel had no clear answer to address the maintainability issue.
Ratio Decidendi
An intra-court appeal against an order dismissing a review application is not maintainable when the original writ petition order has become final, as the review order cannot be challenged independently and the writ petition order remains in force.
Judgment Excerpts
Mr.S.V.Navin Prabhu, learned counsel for R2 has raised preliminary issue regarding maintainability of the Intra Court Appeal on the ground that the order passed in the writ petition has become final and review order alone cannot be challenged in the Writ Appeal.
Even presuming that writ appeal is allowed, then also the writ petition order will be in force. Since Writ Court dismissed the petition filed by the Management, the present Writ Appeal cannot be entertained.
Procedural History
Labour Court allowed claim petition on 08.07.2009. Management filed WP No. 21443 of 2009 which was dismissed on 09.08.2011. Management filed WA No. 2294 of 2012 which was withdrawn with liberty to file review on 07.11.2012. Review Application No. 40 of 2015 was dismissed on 12.03.2025. Present intra-court appeal filed against the review dismissal order.
Acts & Sections
- Letters Patent of the Madras High Court: Clause 15
