HALVAD NAGARPALIKA Vs. JAM DJPAKBHAI CHANDRAVADANBHAI

JUDGEMENT

(1.) THIS group of five Letters Patent Appeals and two Special civil Applications is in respect of same subject-matter, and hence, they are being disposed of by this common judgment. All these Letters Patent Appeals are arising out of the common judgment and order passed by the learned single Judge on 25-1-2001. The appellant Nos. 1 and 2, in all these Letters Patent Appeals, are Halvad Nagarpalika and its Chief Officer, who were the original respondents in the Special Civil Applications. Letters Patent Appeal Nos. 99 to 101 of 2003 had come up for hearing on 1-4-2003, and this Court has admitted the said appeals and stayed the order of the learned single Judge. The order regarding interim relief in the nature of staying the order of learned single Judge was passed in Civil application Nos. 7569, 7647 and 7567 of 2002. Letters Patent Appeal Nos. 1202 and 1203 of 2002 and Civil Application Nos. 27 of 2003 as well as 7568 of 2002 had come up for hearing before the Division Bench, comprising of Hon'ble mr. Justice B. J. Shethna and Hon'ble Mr. Justice A. L. Dave, on 2-4-2003 and the order regarding admission was passed and matters were ordered to be heard along with Letters Patent Appeal Nos. 99, 100 and 101 of 2003. The Civil applications were also ordered to be heard along with the main Letters Patent appeals. That is how these two Letters Patent Appeals are also placed before us for final disposal. As far as Special Civil Application Nos. 9130 and 9547 of 2002 are concerned, they were placed for hearing before the learned single Judge on 5-2-2003 and the learned single Judge [coram: Ravi R. Tripathi, J. ] has thought it fit to place the said two matters before the Division Bench for hearing as the division Bench was seized with the Letters Patent Appeals. That is how these two special Civil Applications are also placed before us for final disposal.

(2.) AS far as the Letters Patent Appeal Nos. 1202 and 1203 of 2002 as well as Letters Patent Appeal Nos. 99, 100 and 101 of 2003 are concerned, the appellants, namely Halvad Nagarpalika and its Chief Officer have challenged the order of the learned single Judge of this Court passed on 25-1-2001 directing the present appellants to reinstate forthwith the petitioners in their respective petitions, as daily wagers keeping the option open for the present appellants to take necessary steps for retrenchment of the said petitioners who are respondents in the present appeals in accordance with law. It was also recorded by the learned single Judge that these respondents who were the original petitioners waived their right to receive monetary benefits for the period commencing from their termination till the date of the judgment of the learned single Judge.

(3.) AS far as Special Civil Application Nos. 9130 and 9547 of 2002 are concerned the former is filed by the Nagarpalika and the latter is filed by the daily wagers. The petitioners in Spl. C. A. No. 9130 of 2002 have prayed for quashing and setting aside of the order dated 10-1-2002 passed by the Presiding officer, Labour Court, Surendranagar in Reference (L. C. D.) No. 6 of 2001. Petitioners in Spl. C. A. No. 9547 of 2002 have prayed for directing not to make any change in their service conditions.