M.P. STATE ROAD TRANSPORT CORPORATION AND ANOTHER Vs. PRANTIYA RAJYA PARIWAHAN KARAMCHARI SANGH (CONGRES

JUDGEMENT

(1.) This petition is filed against the order passed by the Industrial Court Bench at Gwalior whereby application for amendment moved by the petitioner has been rejected.

(2.) It is contended by the petitioners that the proposed amendment goes to the root of the matter and it is necessary in deciding the matter in controversy.

(3.) Counsel for respondents submitted that a reference has been preferred by the respondents Employees Union regarding fixation of salary of the employees of Madhya Pradesh State Road Transport Corporation. After filing of the statement of claim, the case was fixed for recording evidence. At that time, an application for amendment was filed by the petitioners in the written statement that as per the provisions contained in Sec. 65 of the Road Transport Corporation Act, 1950, prior approval of the State Government in the matter of fixation of pay scales of the employees is necessary. Since the respondents have not impleaded the State Government as one of the parties in the pleadings, the suit be dismissed due to the fault of non-joinder of necessary parties.