Intra-court appeal barred for writ orders enforcing an industrial award, as they were treated as orders in respect of the award.

An intra-court appeal under Chapter VIII, Rule 5 was held not maintainable against a single Judge's Article 226 order directing implementation of an industrial award. The court treated proceedings for enforcement of the award under Section 14A read with Section 16 of the U.P. Industrial Disputes Act, 1947 as orders made "in respect of" the award, since that phrase was construed broadly to include matters connected with its implementation. Because the rule excludes appeals from such Article 226 orders and the right of appeal is purely statutory, no appeal lay in the absence of express permission.

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Issues: Whether an intra-court appeal was maintainable against a single Judge's order in a writ petition seeking implementation of an industrial award under Chapter VIII, Rule 5 of the Allahabad High Court Rules.

Analysis: The relief sought in the writ petition was directed to enforcement and implementation of the award through Section 14A of the U.P. Industrial Disputes Act, 1947, read with Section 16 of that Act. An order passed in such proceedings under Article 226 of the Constitution of India is an order made in respect of an award of a Tribunal. The expression "in respect of" was treated as wide enough to cover matters relating to, arising out of, or connected with the award, including steps taken for its implementation. Since Chapter VIII, Rule 5 excludes appeals from orders passed in exercise of Article 226 jurisdiction in respect of such awards, the order fell within the barred category. The right of appeal being purely statutory, no appeal lay unless expressly permitted.

Conclusion: The appeal was not maintainable and was liable to be dismissed.

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