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When the statute provides a further remedy by way of appeal against the award, the High Court ought not to have entertained a petition under Articles 226 of the Constitution of India, the Court said.
A Division Bench of Justices Ajay Rastogi and Abhay S Oka also noted that power of judicial review of High Court is not analogous to adjudication of case on merits as an appellate authority.
A Division Bench of Justices DY Chandrachud and Bela M Trivedi also noted that power under Article 227 is intended to be used sparingly and only in appropriate cases and not for correcting mere errors.
Single-Judge Justice Dinesh Mehta observed that when there is already an existing remedy before the Appellate Authority, the petitioners cannot be allowed to directly approach the High Court.
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Supreme Court has stated that such discretionary relief as Article 227 must be exercised to ensure there is no miscarriage of justice