IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 7842 of 1997 -------------------------------------------------------------- RAJENDRAKUMAR J SONI Versus NADIAD MUNICIPALITY -------------------------------------------------------------- Appearance: None present for Petitioner MR YV SHAH for Respondent -------------------------------------------------------------- CORAM : MR.JUSTICE S.K.KESHOTE Date of Order: 04/02/98 C.A.V. ORDER Heard the learned counsel for the respondent and perused the special civil application. 2. Challenge has been made by the petitioner to the order dated 7-5-1997 under which his services were terminated. 3. In this case, challenge has been made on the ground that the principle - `last come first go' has not been followed and reliance has been placed on the decision of this Court given in special civil applications No.3909/97 and 4610/97, but that principle is of no help to the petitioner for the reason that, that decision has been given by this Court on the basis of the concession made by the learned counsel for the respondent. No such concession has been made before this Court in this case and otherwise also the petitioner has failed to show who are the juniors who have been retained in the service. 4. The facts of this case also speak of the fact that the petitioner in fact had not felt aggrieved of the termination of his services otherwise he would have taken the appropriate legal remedy against the same as it has been done by other persons. Only when this Court has decided the aforesaid petitions, he has taken the idea therefrom and filed this special civil application which is nothing but only an after thought. 5. Mr. Justice B.N. Kirpal, Chief Justice of this Court, (as he then was), speaking for the Division Bench in the case of Mukesh B. Desai vs. State of Gujarat & Ors. reported in 1997 (3) GCD 645 held that the principle - last come first go, would apply in the cases of retrenchment, which is a basic principle of labour law and as such, the appropriate remedy in such matters is only to raise an industrial dispute and not to approach this Court. 6. Taking into consideration, the totality of the facts of this case, this special civil application is wholly misconceived and the same is dismissed. (S.K. Keshote,J) zgs/-