G.M. HARYANA ROADWAYS versus JAI BHAGWAN AND ANR.

G.M. HARYANA ROADWAYS versus JAI BHAGWAN AND ANR.

Suppression of material facts and delay/laches, especially by the State, is a serious abuse of process; discretionary relief under Article 136 is rightly denied and exemplary costs quantified for such conduct.

Parties
Petitioner: G.M. Haryana Roadways; Respondent No.1: Jai Bhagwan; Respondent No.2: Anr.
Jurisdiction
India
Judgment Date
05 March 2008
Procedural Posture
Special Leave Petition (civil) No. 23385 of 2004 / Supreme Court Dismissal of SLP
Outcome
Special Leave Petition dismissed with exemplary costs.
Legal Topics
Suppression of Material Facts, Delay and Laches, Reinstatement of Workers
Constitutional Law Labour Law Suppression of Material Facts Delay and Laches Reinstatement of Workers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

G.M. Haryana Roadways

Petitioner

Jai Bhagwan

Respondent No.1

Anr.

Respondent No.2

Procedural Posture

Special Leave Petition (civil) No. 23385 of 2004 / Supreme Court Dismissal of SLP

Legal Issues

  1. 1 Whether suppression of material facts by the State disentitles relief under Article 136
  2. 2 Whether delay and laches bar the grant of special leave
  3. 3 Whether exemplary costs should be imposed for abuse of court process

Ratio Decidendi

Suppression of material facts and delay/laches, especially by the State, is a serious abuse of process; discretionary relief under Article 136 is rightly denied and exemplary costs quantified for such conduct.

Court Disposition

Special Leave Petition dismissed with exemplary costs.

Orders

  • Petition dismissed.
  • Exemplary cost of Rs.1,00,000/- to be paid to National Legal Services Authority within four weeks, failing which it will be recovered with interest at 12% per annum.