CHIEF OFFICER Vs. MAHERAJHUSEN LALUMIYA MALEK

JUDGEMENT

(1.) We have heard Mr Y V Shah, learned counsel for the appellant and Mr Hiren Modi, learned counsel for the respondents No.1 & 2. The appellant, being aggrieved and dissatisfied by the impugned order dated 9.7.2007 passed by the learned Single Judge in Special Civil Application No.11230 of 2000, has preferred this Appeal.

(2.) The brief facts of this case are that the appellant is Dehgam Municipality duly constituted under the provisions of the Gujarat Municipality Act, 1963. The respondents were recruited as daily wager Peons and Naka Clerk in the Octroi department of the appellant Municipality and they have worked for more than 240 days in each year and the respondents were illegally retrenched from service respectively with effect from 1.1.1991 and with effect from 23.11.1992 without giving any notice.

(3.) The Labour Court, Ahmedabad had passed award on 25.6.1997 in Reference (LCA) No.2083 of 1993 directing the appellant to reinstate the respondents with full back wages. Being aggrieved and dissatisfied by the said ex-parte award, the appellant has challenged the same by preferring Special Civil Application No.11230 of 2000. The learned Single Judge has dismissed the said Special Civil Application vide order dated 9.7.2007 and hence the instant Letters Patent Appeal has been preferred by the present appellant.