THAKKAR HARSADBHAI CHAMPAKBHAI Vs. TALUKA DEVELOPMENT OFFICER

JUDGEMENT

(1.) Mr. Justice Akshya H. Mehta In this petition, the petitioners have challenged the order passed by respondent No. 1 while exercising powers under Section 248 of the Gujarat Panchayat Act, 1993 thereinafter referred to as "the Act"] dated 1st July, 1999 and consequential order passed by respondent No. 2 terminating the services of the petitioners dated 2nd July, 1999.

(2.) This litigation has a history behind it, which is required to be stated in brief.

(3.) Mr. Nikhil Kariel learned advocate for the petitioners has submitted that the order of respondent No. 2 was illegal inasmuch as he did not have any power- under Section 249 of the Act to revoke Resolution No. 61, which was not only duly passed by respondent No. 2, but it was duly acted upon also. He has further-submitted that respondent No. 1 could not have nullified the award made by the Labour Court as well as the Industrial Tribunal in Reference Cases filed before them. He has also submitted that said order does not reflect the correct facts and it has been pas'sed on the facts which are not at all relevant for the purpose of exercising power under Section 249 of the Act. He has further submitted that exercising power under Section 249 of the Act to upset the awards of the Labour Court and the Industrial Tribunal would amount to respondent No. 2 sitting in Appeal over these decisions. He has further-submitted that out of original nine workman, one has already expired. Even after the impugned order, five workmen have been retained in service by respondent No. 2 whereas, the petitioners have been driven out.