SHAILESHBHAI HARIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Letters Patent Appeal is filed against the judgment and order passed by the learned single Judge in Special Civil Application No. 15399 of 2008 dated 11.11.2011. Mr. B.M. Mangukiya learned counsel for the appellants contended that the learned single Judge erred in ignoring the observations made in S.C.A. No. 10376 of 2003 dated 27.09.2004 and in S.C.A. No. 8538 of 2002 dated 27.09.2004 and in relying upon the affidavit-in-reply filed by the respondents. He submitted that earlier, the coordinate Bench of this Court, vide order dated 09.04.2012 passed in the present proceedings, had stayed the order of learned single Judge only qua the original petitioners and the private properties and not against M/s. Ramesh Textiles.

(2.) We have heard learned counsel for both sides and also respondent No. 5, who appeared as party-in-person. It appears from the record that though decree was passed in favour of the respondent-workman way back in the year 1980, the rights have not yet crystallized. By abusing and/or misusing the process of law, the employer has been successful in depriving the workmen of their rights for a period of over three decades.

(3.) In Para-11 to 14 of the impugned judgment, the learned single Judge observed as under: