Valsad Nagar Palika vs Gujarat Mazdoor Sabha Thru ...
2021 Latest Caselaw 187 Guj

        C/LPA/1056/2019                                      IA ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
       CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2020
            In R/LETTERS PATENT APPEAL NO. 1056 of 2019
          In R/SPECIAL CIVIL APPLICATION NO. 3062 of 2015
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PRAVIN HARJIVANDAS CHASIYA Versus VALSAD NAGAR PALIKA ========================================================== Appearance:

MR GAUTAM JOSHI, SR. ADVOCATE, MR VYOM H SHAH for the PETITIONER(s) No. GOVERNMENT PLEADER for the RESPONDENT(s) No. MR AMRESH N PATEL for the RESPONDENT(s) No. MR MITUL SHELAT, MR YOGI K GADHIA for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

Date : 07/01/2021

IA ORDER (PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. There are, in all, 137 applicants, who are before this Court, seeking to implead themselves as necessary or in the alternative, as a proper party, on the ground that they are the permanent employees and any outcome of this appeal would also affect directly the benefits, which flow in their favour,and therefore, they have approached this Court.

1.1 It is their say that increasing the expenses of the Municipality would result in canceling the grant of benefits in the form of recommendations of 6th and 7th Pay Commission to those, who are regularly appointed on the sanctioned posts.

2. This court has heard the learned Sr. Advocate, Mr. Gautam Joshi, with learned Advocate, Mr. Shah, for the applicants, who has urged that

C/LPA/1056/2019 IA ORDER

the applicants may not say that they are the necessary parties, in whose absence no effective order or judgment can be passed by this Court. However, the applicants are, surely, the proper parties, whose presence would enable the Court to completely adjudicate upon all the issues. He has relied on the decision of this Court rendered in Special Civil Application No. 2274 of 2008 and the allied matters, decided on 10.03.2011, by the Division Bench of this Court, which was, when challenged by way of Special Leave Petition (Civil) No. 90162 of 2012, the same was not entertained by the Apex Court, by upholding the judgment and order of this Court.

2.1 During the course of hearing, he, further, has urged, that, if, all the applicants are not to be impleaded as party opponents, then, only first five applicants, in their capacity as representatives, be impleaded as party opponents.

3. This is not being objected by the learned Advocate, Mr. Mitul Shelat, appearing with learned Advocate, Mr. Gadhiya, for and on behalf of opponent No.1-Valsad Municipality.

4. However, this application is being strongly objected to by opponent No. 2-Gujarat Mazdoor Sabha and opponent No.3-Rajnikant Sumanbhai Vaghela, who is serving as a sweeper with opponent No.1- Municipality.

5. Essentially, on the ground that, in the appeal, there should be no impleadment of the parties, who were, all along, aware of the litigation, which was going on between the daily-wagers and opponent No.1- Municipality, but, never chose to get themselves impleaded as a party, and therefore, merely because the outcome of the appeal may have some bearing on the all concerned that would not make them

C/LPA/1056/2019 IA ORDER

necessary or proper parties.

6. Noticing the serious resistance on the part of opponent Nos. 2 and 3, coupled with the fact that they speak of awareness of the present applicant at the time of pendency of lis before the learned Single Judge, let an AFFIDAVIT be filed, with an advance copy to the other side, by 13TH JANUARY, 2021.

6.1 REJOINDER, if any, shall be filed by 20TH JANUARY, 2021.

7. S.O. to 20TH JANUARY, 2021.

(SONIA GOKANI, J)

(SANGEETA K. VISHEN,J) UMESH/-