Jindal Saw Limited vs M/S. Vista Mining Pvt. Ltd
2022 Latest Caselaw 1724 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1421/2022

Jindal Saw Limited, Having Registered Office At - A-1, Upsidc, Industrial Ara, Nandgaon Road, Kosi Kalan, Mathura, U.p. Having Work Site Office At - Village Pur, Bhilwara, Rajasthan. Through Its Authorized Representative Mr. Rajesh Kumar Kuvera S/o Late Shri M.m. Kuvera, Aged About 51 Years, R/o R-3, Vijay Singh Pathik Nagar, Bhilwara (Rajasthan)-311001

----Petitioner Versus

1. M/s. Vista Mining Pvt. Ltd., Shop No. 2, Second Floor, Navkar City Centre, Kanchipuram, Bhilwara, Rajasthan.

2. Babu Lal Luhar S/o Ladu Lal Luhar, Through Secretary, Loha Dhatu Utpadak Shramik Sangh, R/o D-306, Azad Nagar, Bhilwara, Rajasthan.

                                                                ----Respondents


For Petitioner(s)        :     Mr Tarun Dudia (VC)
For Respondent(s)        :



           HON'BLE MR. JUSTICE ARUN BHANSALI

                         Judgment / Order

03/02/2022

Counsel for the petitioner submits that by order dated

07.08.2019, the application made by respondent No.2/workman

seeking petitioner's impleadment was allowed without affording

any opportunity of hearing, essentially by treating the petitioner

as principal employer. When the petitioner moved application

seeking deletion of its name, on the facts indicated in the

application seeking deletion, the application has been rejected by

indicating that same was mixed question of law and facts and the

same could only be decided after framing of preliminary issue.

                                                                             (2 of 2)                  [CW-1421/2022]



                                        Submissions       have     been        made        that    essentially   the

                                   determination   itself   by    treating       the     petitioner   as   principal

employer for impleadment, cannot be a reason for petitioner's

impleadment after amendment in the definition of Section 2 (s) of

the Industrial Disputes Act, 1947 by the Industrial Disputes

(Rajasthan Amendment) Act, 2014 and that aspect about the

petitioner being a necessary and proper party or not, could not

have been relegated to be decided as a preliminary issue by

seeking a response from the petitioner on merits of the dispute.

In view of the submissions made, issue notice. Issue notice

of stay petition also. Notices are made returnable within four

weeks and be given 'Dasti' to counsel for the petitioner for service

upon the respondents.

In the meanwhile and till further orders, further proceedings

in Case No.4/2016 pending before the Labour Court, Bhilwara,

shall remain stayed.

(ARUN BHANSALI),J 50-MMA/-

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