Constitution of India

— Art. 226 — Appeal against/Review of orders passed under Art. 226 — Duty of Division Bench — Appeal against orders of Single Judge passed under Art. 226 (writ appeals)/letters patent appeals — Disposal on merits — Necessity to discuss contentions — Division Bench, held, must discuss the merits of rival contentions — Non-speaking order disposing of writ appeal on merits, held, not sustainable — In the present case, Labour Court presuming the employee to have rendered service for the statutory minimum period and declaring the termination of his service as violative of S. 25-F, Industrial Disputes Act — Consequently, it holding the employee to be entitled to reinstatement with 25% back wages — Single Judge of High Court upholding the award — Without adverting to the grounds raised in the writ appeal and without adverting to the material placed before it by the parties, Division Bench upholding the Labour Court's direction for reinstatement with 25% back wages and affirming the Labour Court's presumption regarding completion of the requisite length of service by the employee concerned — Such a non-speaking order of the Division Bench set aside and matter remitted to it for fresh disposal after hearing the parties, (2006) 5 SCC 272