Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 55 Gujarat Panchayats Act is c empowered to enter into a settlement with workmen (employee of the. Gram Panchayat) on behalf of the Gram Panchayat without proper resolution by the Gram Panchayat 1993-ss.5 while representing Gram Panchayat 227- Whether Sarpanch 101 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | .Gujarat Panchayats Act, 1993-ss.5, 55, 101, 227-Whether Sarpanch, while representing Gram Panchayat, is empowered to enter into a settlement with workmen(employee of the. Gram Panchayat) on behalf of the GramPanchayat without proper resolution by the Gram Panchayat- Held: Power to enter into settlement/compromise isconferred on Gram Panchayat and not on the Sarpanch - The provisions of the rules whereby the conditions of serviceof the employees of the Panchayat are governed also showthat Sarpanch has to act in accordance with the Act and theresolutions passed by the Panchayat -Thus, in absence ofthe authority and in absence of statutory permissibility, entering into settlement by Sarpanch is inconceivable in law- Sarpanch cannot be said to be employer of the workmenas defined uls.2(g) of Industrial disputes Act- The Sarpanchin the present case not only acted contrary to the provisionsof the Act, but also against the spirit of the responsibility cast on the local self-Government - Constitution of India, 1950-Part IX - Industrial Disputes Act, 1947 - s.2(g) - GujaratPanchayat Services (Conduct) Rules, 1998.Words and Phrases - 'Panchayat' - Meaning of, in the context of Art. 243(d) of the Constitution of India, 1950. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 461 |
Petitioner | Ahmedabad Municipal Corporation &anr. Etc. |
Respondent | Rajubhai Somabhai Bharwad And Anr. Etc. |
SCR | [2015] 8 S.C.R. 263 |
Judgement Date | 2015-07-01 |
Case Number | 10310-10311 |
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