NADIAD MUNICIPALITY Vs. GHANSHYAM R BAROT

JUDGEMENT

(1.) Rule. Mr. P. M. Thakkar, Senior Counsel for the respondents waives service of rule.

(2.) petitioner-Nadiad Municipality has filed the present petition to challenge the order passed by the Industrial Tribunal, Ahmedabad, on 21-5-1998 in Complaint No. 137 of 1994.

(3.) The respondent Nos. 1 to 32 are the employees of the present petitioner. Out of these respondents, except respondent Pramodbhai M. Dave, Bhaskar R. Barot, Naimash V. Desai, Mustufa R. Shabhai are appointed in the year 1995 by passing a resolution by the petitioner-Municipality. The Municipality had also passed another resolution by same time, by which, about 54 employees working with the Municipality were given promotion. The Collector of Kheda was pleased to declare both these resolutions as invalid and illegal and cancelled the said resolutions. The action of the Collector in cancelling the said resolutions was challenged by the present respondents by preferring a Revision/Appeal before the Secretary of Urban Development, whereas, the other group of 54 persons had challenged the said action of Collector by preferring a petition in this Court. One of the contentions raised in the said petition was that the Collector has no power to cancel the resolution which is already enforced and brought in the practice. Therefore, a Reference was made to the Full Bench of this Court to consider and decide the issue as to whether a Collector by exercising its power under Sec. 258 of the Gujarat Municipalities Act, can cancel the resolution passed by the Municipality which has been enforced and implemented. The Full Bench has answered the said Reference by holding that it is competent for the Collector to cancel the resolution even though the same is enforced and implemented.