Mangrol Nagarpalika vs Industrial Tribunal, Junagadh ...
2021 Latest Caselaw 15843 Guj

     C/SCA/12437/2021                                         JUDGMENT DATED: 07/10/2021



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 12437 of 2021

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE A.S. SUPEHIA                                              Sd/-
================================================================
1     Whether Reporters of Local Papers may be allowed
      to see the judgment ?                                                        NO

2     To be referred to the Reporter or not ?                                      NO

3     Whether their Lordships wish to see the fair copy
      of the judgment ?                                                            NO

4     Whether this case involves a substantial question
      of law as to the interpretation of the Constitution                          NO
      of India or any order made thereunder ?

================================================================
                   MANGROL NAGARPALIKA
                            Versus
INDUSTRIAL TRIBUNAL, JUNAGADH (deleted)as per Hon 'ble Court's order
                       dated 17 09 2021
================================================================
Appearance:
MR DHAVAL D VYAS(3225) for the Petitioner(s) No. 1
DELETED(20) for the Respondent(s) No. 1
MR SAMIR B GOHIL(5718) for the Respondent(s) No. 2
================================================================
     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                                   Date : 07/10/2021
                                   ORAL JUDGMENT

1. Rule. Learned advocate Mr.Samir Gohil waives service of notice of rule for the respondent no.2.

2. In the present writ petition, the petitioner has prayed for the following reliefs:-

"10.(a) Your Lordships may be pleased to issue an appropriate writ in the nature of certiorari and/or mandamus, direction and/or order and any other appropriate writ, order or direction to quash and set aside the order dated 29.07.2021 passed at the application below Exh.20 in Reference (I.T.) No.12 of 2019 passed by the Industrial Tribunal, Rajkot (Camp-Junagadh) and further be pleased to allow the application filed below Exh.20.

C/SCA/12437/2021 JUDGMENT DATED: 07/10/2021

(b) Pending hearing and final disposal of this petition, Your Lordships may be pleased to stay the further proceeding of Reference (I.T.) No.12 of 2019 pending before the Industrial Tribunal, Rajkot (Camp-Junagadh)."

3. Learned advocate Mr.Dhaval Vays appearing for the petitioner has submitted that the issue is squarely covered by the order dated 13.09.2021 passed in Special Civil Application No.14995 of 2020 by this Court, wherein the Court has after considering the judgment of the Apex Court in the case of Hochtief Gammon vs. Industrial Tribunal, Bhubaneshwar, Orrisa, 1964 AIR (SC) 1746 has set aside the similar order. He has submitted that the Tribunal has in fact fallen in error in rejecting the contest of the present petitioner, since the respondent no.2-worker was engaged with the Nagarpalika. It is submitted that in absence of the Nagarpalika to the party in the proceedings, the dispute would not be adjudicated. He has submitted that the Nagarpalika in fact should be allowed to be impleaded as a party since the respondent-workman was working under them.

4. Learned advocate Mr.Samir Gohil is not in a position to dispute the fact. He has submitted that in fact the respondent no.2 was the employee of the Nagarpalika and hence, if the Nagarpalika is impleaded as a party, the dispute will be properly adjudicated by the Tribunal.

5. This Court, in the order dated 13.09.2021 passed in Special Civil Application No.14995 of 2020 while examining the similar issue, has observed thus:-

"9) In the considered opinion of this Court, it was always open for the Industrial Tribunal to allow the workman or the concerned parties, in whose favour the disputes has been referred through the conciliation proceedings, to allow the necessary party in order to adjudicate the dispute, which was referred. The reference cannot be rejected only on the ground that the concerned authority is not arraigned as party in the reference.

11) Under the circumstance, the impugned award dated 18.08.2020 passed by the Industrial Tribunal, Rajkot in Reference (IT) No. 123 of 2016 is hereby quashed and set aside and the matter is remanded to to Tribunal to

C/SCA/12437/2021 JUDGMENT DATED: 07/10/2021

decide afresh the same, after an application is made by the concerned workman with regard to the joining of the necessary parties is decided. As and when such application is filed by the workman, the Tribunal shall pass an appropriate order, after hearing the concerned parties. However, It is directed that the same shall be decided in light of the observations made by this Court in the present order."

6. Under the circumstances, the order dated 29.07.2021 passed in Reference (I.T.) No.12 of 2019 by the Industrial Tribunal, Rajkot (Camp- Junagadh) is hereby quashed and set aside. The Tribunal is directed to implead the present petitioner as well as the Regional Commissioner (Municipality), Bhavnagar as party respondents to the reference since all the decisions of appointing the employees are subject to their discretion.

7. The present petition is allowed. Rule is made absolute to the aforesaid extent.

Sd/-

(A. S. SUPEHIA, J) ABHISHEK