ANAND MUNICIPALITY Vs. BACHUBHAI PAULBHAI MACWAN

JUDGEMENT

(1.) This Intra-Court Appeal is directed against the order of learned Single Judge dated 1.10.2012 whereby the learned Single Judge rejected the Applications filed by the Appellant Anand Municipality to firstly recall the order dated 25.2.2011 passed earlier by another learned Single Judge of this Court disposing of Special Civil Application No. 6379 of 2002 filed by the Anand Municipality against the Award of the Labour Court dated 27.2.2002 in Reference (LCA) No. 39 of 1992 (Old No. 939 of 1983 ), by which the Labour Court had granted relief of reinstatement to the original post with continuity of service and for interim period, 25% backwages with cost of Rs.1,500/- awarded by the Labour Court in favour of workman Mr.Bachubhai Paulbhai Macwan.

(2.) By the said order dated 25.2.2011 which is fully quoted in the impugned order later on passed by the learned Single Judge dated 1.10.2012 also, the learned Single Judge earlier had disposed of the writ petition filed by the Anand Municipality viz. Special Civil Application No. 6379 of 2002 as abated because the Legal Representatives of deceased workman Mr.Bachubhai P. Macwan who had expired during the pendency of that petition were not brought on record by the Petitioner Anand Municipality. Later on, the present Misc. Civil Application No. 3073 of 2011 was filed by the Anand Municipality as they came to know about the death of the workman Mr.Bachubhai P. Macwan having taken place on 9.1.2006 and after obtaining copy of the Death Certificate from the concerned Authority, another Civil Application No. 9287 of 2012 for bringing Legal Representatives on record in the aforesaid Misc. Civil Application No. 3073 of 2011 seeking recall of order dated 25.2.2011 and restore the Special Civil Application No. 6379 of 2002 for fresh hearing was filed by the Petitioner Municipality.

(3.) Both these Applications have been rejected by the learned Single Judge by the order dated 1.10.2012 impugned before us on the ground that the said Applications were hopelessly meritless and it was for the Petitioner Municipality to chase the opposite party and bring on record the Legal Representatives of the said deceased workman Mr.Bachubhai P. Macwan and after ascertaining the details, file such Application in terms of Order 22 Rule 4 of the Code of Civil Procedure well in time.