KHAMBHALIA NAGARPALIKA Vs. MAJOR SEVA SANGH

JUDGEMENT

(1.) The present petition is filed by Khambaliya Nagar Palika against the order passed by the Labour Court, Jamnagar dated 20.3.2001, whereby an order is passed by affixing a rubber stamp, which reads as under:

(2.) In para 2.4 of the petition, the petitioner gave numbers of as many as 11 cases, whereby similar orders were passed awarding cost of Rs.500.00. Learned advocate, Mr.Popat submitted that if at all the applicant through its representative wants to withdraw the case, the opponent Nagarpalika cannot have any objection to that. But granting permission to withdraw the case with an order to the effect that the opponent Nagarpalika shall pay cost of Rs.500.00, (in this case as well as in the cases which are listed in para 2.4), is not legal and proper. Not only that for that there are no valid reasons given by the learned Judge of the Labour Court. On perusal of papers also, this Court is not able to find out as to on what ground such an order is required to be passed not in one case which may have some exceptional circumstances, but is passed in number of cases.

(3.) Mr.Popat, learned advocate for the Municipality invited attention of this Court to the withdrawal purshis at Annexure 'C', page 13. Said Purshis also does not disclose any reason for which cost is prayed for from the Municipality. The purshis reads only as under: