BORSAD MUNICIPALITY Vs. NAGINBHAI KISHABHAI VAGHELA & 1

JUDGEMENT

(1.) THE present appeals have been filed by the appellant - original petitioner challenging judgment and order dated 12/06/2012, passed by the learned Single Judge of this Court in Special Civil Application Nos. 5000 of 2004 and 5070 of 2004, by which, the learned Single Judge has dismissed the petitions filed by the present appellant praying following reliefs:

(2.) WE have heard Mr. Dave, learned counsel for the appellant and Mr. Songara, learned counsel for the respondent in both these appeals. Learned counsel for the appellant vehemently urged that the learned Single Judge ought to have appreciated that since the concerned officer in -charge of the appellant municipality was transferred, the case was not represented on behalf of the appellant. He further urged that the appellant being a local self -government body, its administration is being handled by many persons and the case of the appellant was not represented because the concerned officer was transferred. The learned counsel for the appellant further urged that it ought to have been appreciated that ex -parte judgment and award, reinstating the respondent with 50% back wages, is against the settled position of law as well as against the evidence on record, since there was no evidence to show that the respondent had worked for 240 days in a calendar year. Last but not the least, the learned counsel for the appellant requested to allow these appeals.