Katuben Vitthalbhai Makwana vs Radha Tiles - Through Prop Patel ...
2022 Latest Caselaw 9001 Guj

     C/LPA/67/2016                            ORDER DATED: 11/10/2022




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/LETTERS PATENT APPEAL NO.67 of 2016
                          In
     R/SPECIAL CIVIL APPLICATION NO. 3846 of 2013
                         With
        R/LETTERS PATENT APPEAL NO.23 of 2015
                           In
      SPECIAL CIVIL APPLICATION NO.3846 of 2013
=========================================
            KATUBEN VITTHALBHAI MAKWANA & 2 others
                             Versus
 RADHA TILES - THROUGH PROP PATEL KANTILAL KARSANDAS & 1 others
=========================================
Appearance :

Letters Patent Appeal No.67 of 2016
MR K R MISHRA for the Appellants.
MR.HIREN M MODI for the Respondent No.1.
RULE SERVED for the Respondent No.2.

Letters Patent Appeal No.23 of 2015
MR S P MAJMUDAR for the Appellants
MR. HIREN M MODI for the Respondent No.1.
=========================================

 CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
       and
       HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                    Date : 11/10/2022
                      ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A. J. DESAI)

The present Letters Patent Appeals have arisen from the judgment and order dated 17.10.2014 passed by learned Single Judge in the captioned writ petition.

Letters Patent Appeal No.67 of 2016 has been filed by the employee whereas Letters Patent Appeal No.23 of 2015 has been filed by the Union, namely, Majdoor Adhikar Sangh.

C/LPA/67/2016 ORDER DATED: 11/10/2022

Mr. K.R. Mishra, learned advocate appearing for the appellants in Letters Patent Appeal No.67 of 2016 has placed on record purshish filed on behalf of respondent No.1 - employer - Radha Tiles as well as husband of the deceased employee and submitted that the matter is amicably settled between the parties. In view of the above settlement, the present appeal would not survive and it is accordingly stands disposed of.

As far as Letters Patent Appeal No.23 of 2015 is concerned, the grievance of the Union is with regard to certain strictures / observations made by learned Single Judge in the impugned order. Learned advocates appearing for the respective parties, particularly, respondents have requested that they have no objection if the said strictures / observations made in the impugned order are deleted.

Considering the above aspect, we hereby order to delete strictures / observations made by learned Single Judge in paragraphs 4, 5.4, 7.4, 8.1, 8.2, 8.3, 8.4, 8.6, 8.7, 8.8, 8.9, 8.10, 9, 10.4, 10.5 and 10.6 of the impugned order. Consequently, there is no need to further implement the order passed by learned Single Judge by the respondent - State authorities. Present appeal also stands disposed of.

(A. J. DESAI, J)

(MAUNA M. BHATT,J)

SAVARIYA