KUMANBHAI CHATRABHJUBHAI HUJBHADARANIYA Vs. MANAVADAR MUNICIPALITY

JUDGEMENT

(1.) Second Appeal No. 164 of 2002 has been filed by the Appellants who were the Original Plaintiffs. Working as Daily Wagers in the Municipal Borough and apprehending their termination from service, they had preferred Regular Civil Suit No. 655 of 1984 in the Court of the learned Civil Judge (SD) at Junagadh praying for a declaration that they were permanent employees of the Manavadar Municipality and that they cannot be removed from services without following due process of law especially without following the provisions of the Industrial Disputes Act,1947.

(2.) Several issues were framed by the learned trial judge in the suit. By a judgement and decree dtd. 01/04/1997, the learned Civil Court partly allowed the suit holding that the plaintiffs were not to be terminated except in accordance with law. The trial court further held that the suit was not maintainable under the provisions of Sec. 9 of the Code of Civil Procedure and accordingly the suit was dismissed.

(3.) On 23/06/2011, this Court admitted the Appeal and framed the following substantial questions of law for determination before this court.