MANGROL NAGARPALIKA Vs. INDUSTRIAL TRIBUNAL, JUNAGADH

JUDGEMENT

(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:-

(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.