ANAND MUNICIPALITY Vs. KAMDAR KARMACHARI UNION

JUDGEMENT

(1.) Present is a petition under Article 227 of the Constitution of India against the award dated 9th February, 2000 passed by the learned Industrial Court, Nadiad in Reference (ITN) No.204 of 1998, holding the petitioner-Municipality liable to pay the bonus to the employees engaged under the Malaria Eradication Programme.

(2.) It is not in dispute before me that respondent Nos.2 and 3, State of Gujarat and Government of India respectively, were not parties - non-applicants before the learned Court below, nor any reference was made against them. It is also not in dispute before me that the present petitioner, who was non-applicant before the learned Court below, never raised any objection before the lower Court that the liability to pay salary, bonus, wages, pay and allowances, being on the State Government or the Central Government, the appropriate Governments were necessary parties. In this petition, after suffering the award, when this petition came to be filed, respondent Nos.2 and 3 were joined as party respondents. On being asked, Shri D. G. Chauhan, learned Counsel for the petitioner, submitted that no permission was sought from the High Court to join respondent Nos.2 and 3 as party respondents. In a petition under Article 227 of the Constitution of India, the law requires the petitioner to join only those persons as parties, who were parties before the subordinate Court. In the present case, without permission of the Court or even without telling the Court that certain persons, who were not parties to the proceedings, came to be joined as party respondents. This action certainly would be bad on the part of the present petitioner. During the course of the arguments, Shri Chauhan, learned Counsel for the petitioner, submitted that the liability being of the State/Central Government, they were rightly joined as parties, but, in the opinion of this Court, such argument would not be allowed to be raised before this Court. At the High Court level, in the proceedings under Article 227 of the Constitution of India, when new parties are joined, they would stand on a footing where they would have no opportunity to lead evidence or project their defence. If the present petitioner was of the opinion that the baby nursed by the petitioner could not be disowned by the State Government or the Central Government and they were responsible to feed the baby, then, such an objection should have been raised before the lower Court with a specific objection that they be joined as parties non-applicants because the ultimate liability would be of such persons.

(3.) In view of the aforesaid discussion, the party respondent Nos.2 and 3 cannot be allowed to continue on record, they are directed to be deleted. Office is directed to make necessary amendment in the cause title of the Writ Application within 10 days.