LAWS(UTN)-2023-3-62

UTTARAKHAND TAKNIKI KARMCHARI SANGH Vs. STATE OF UTTARAKHAND

Decided On March 13, 2023
Uttarakhand Takniki Karmchari Sangh Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) When the writ petition was heard by this Court on 23/11/2022, the following order was passed :

(2.) Learned counsel for the petitioner has placed reliance on the following orders delivered by the Uttarakhand Public Services Tribunal, Bench - Nainital :

(3.) We have perused these orders. We are of the view that the Tribunal is absolutely wrong in holding that a claim petition cannot be maintained on behalf of an association of persons, who, otherwise, are entitled to maintain their claim petition before the Tribunal. Merely because they have organized themselves by forming an association to pursue their common cause, it does not mean that the Tribunal losses its jurisdiction to deal with the claim filed before the Tribunal by the association. At the same time, it would be necessary that, apart from the association, some individuals, who may be office bearers of the association, are also impleaded as party claimants along with the association.