Madhya Gujarat Vij Company Limited vs Kailashben Yogendra Shankar Pandya on 6 January, 2021
"As far as the decisions relied upon by Mr. Dave the same are not
applicable to the facts of the present case since in the reference, the case of the
employees was being represented by Union leader and he informed the
employees to remain present only when called for. They were never aware
about dismissal of the reference and where never informed that the reference
was dismissed for want of prosecution. The Coordinate Bench of this Court in
case of Rajesh Pukhraj Chauhan v. Sinter Plast Containers and another has
held that it is trite that a litigant is permitted to litigate for his rights by having
a decision from the Court of law on merits, rather than he is ousted on
technical ground. A liberal approach is not out of place."