MOTILAL SANKALCHAND JAIN Vs. MUNICIPAL CORPORATION AHMEDABAD
LAWS(GJH)-1970-3-20
HIGH COURT OF GUJARAT
Decided on March 03,1970

MOTILAL SANKALCHAND JAIN Appellant
VERSUS
MUNICIPAL CORPORATION AHMEDABAD Respondents


Referred Judgements :-

T. P. KURMARAN V. R. KOTHANDARAMAN C.I.T. GUJARAT [REFERRED]
MADAN GOPAL RUNGTA V. SECRETARY TO THE GOVERNMENT OF ORISSA [REFERRED]
COMMISSIONER OF INCOME TAX BOMBAY VS. AMRITLAL BHOGILAL AND CO [REFERRED]
SITA RAM GOEL VS. MUNICIPAL BOARD KANPUR [REFERRED]
STATE OF MADRAS VS. MADURAI MILLS CO LIMITED [REFERRED]


JUDGEMENT

S.H.SHETH - (1.)The plaintiff was a Sanitary Inspector employed by the Ahmedabad Municipal Corporation constituted under the Bombay Provincial Municipal Corporations Act 1949. He was removed from service by the order of the Commissioner of the Municipal Corporation on 5th June 1957. The plaintiff appealed to the Standing Committee against the order of the Municipal Commissioner on 26th June 1957. The Standing Committee dismissed the plaintiffs appeal by its resolution dated 6th January 1958. Thereafter the plaintiff served upon the Municipal Corporation statutory notice under sec. 487 of the said Act on 3rd February 1958 and filed the present suit on 17th March 1958 for declaration that the order of removal made by the second defendant the Commissioner-and the appellate order made by the Standing Committee were illegal and ultra vires and also for decree for Rs. 2245-50 p. for arrears of salary at the rate of Rs.165/per month.
(2.)The defendants resisted the suit on the ground of limitation as well as on merits.
(3.)The Trial Court raised the preliminary issue as to limitation and tried it. It held that the suit was barred by limitation and in that view of the matter dismissed it with costs.


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