SUBHASHBHAI BHANABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in the instant intra-court appeal under Clause 15 of the Letters Patent is to the judgment and order dated 26.12.2003 rendered in Special Civil Application No. 17984 of 2003 by the learned Single Judge of this Court by which the prayers to issue a writ of certiorari or any other appropriate writ, order or direction, to quash and set aside the impugned communication dated 4.9.2003 issued by respondent No. 1 - State of Gujarat and to quash the decision of respondent No. 1 not to refer the industrial dispute between the appellants and the respondent No. 3 _ Reliance Industries Limited ('RIL' for short) in Conciliation Case No. 111 of 2001 to the industrial forum and also to issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondent No. 1 to make a reference to the industrial forum of the industrial dispute raised by the appellants against the RIL which is the subject matter of Conciliation Case No. 111 of 2001, have been refused and thereby the petition filed by the appellants has been dismissed with no order as to costs.

(2.) The appellants were the office bearers of a registered Trade Union called Reliance Karmachari Sangh. Appellant No. 1 was the President, appellant No. 2 was the Treasurer and appellant Nos. 3 and 4 were the Executive Members of the said Union. The said Union is recognized by respondent No. 3 - RIL.

(3.) Mr. Utpal Panchal, learned advocate of the appellants, has mainly raised the following four contentions: