High CourtsSingle Bench(2010) 11 GUJ CK 0043

Pritamdas Vishandas Trilokani and Another vs State of Gujarat and Others

Gujarat High Court · Decided on 29 November 2010

HON’BLE JUDGES
K.A. Puj, J
RESULT
Dismissed
CASE NUMBER
Special Civil Application No. 9119 of 2000

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Judgment

4 paragraphs · 254 words

K.A. Puj, J.—The petitioners have filed this petition under Articles 226 and 227 of the Constitution of India praying for quashing and setting aside impugned judgment and award passed by the Labour Court, Junagadh in Reference Case Nos. 193/1999, 194/1999, 211/1999, 212/1999 and 213/1999 dated 26.4.2000. The petitioners have also prayed for the direction to respondent No. 2 to remove the President and Vice President of the Municipal Borough from their posts u/s 37 of the Gujarat Municipalities Act and to take action against the President and Vice President for making wrong compromises.

2.

This Court has passed an order on 5.7.2001, wherein it is observed that the term of the Municipality has already come to an end by efflux of time on 24.1.2001 and hence prayer (C) has become infructuous. So far as prayer (B) is concerned, the Municipality has also challenged the impugned award before this Court and this Court vide its order dated 13.12.2005 passed in Special Civil Application No. 1049 of 2002 and other cognate matters quashed and set aside the impugned award.

3.

Mr. Murli N. Devnani, learned advocate appearing for the respondent No. 3-Bantwa Nagar Palika, has submitted that in view of the said decision, the present petition no longer survives and it has become infructuous.

4.

In the above view of the matter, prayer (B), which only survives, has become infructuous as the impugned award has already been quashed and set aside. The petition is accordingly disposed of. Rule is discharged without any order as to costs.