LAWS(ORI)-2023-1-67

BOC INDIA LIMITED Vs. SHRI PARAMANANDA DAS

Decided On January 24, 2023
BOC INDIA LIMITED Appellant
V/S
Shri Paramananda Das Respondents

JUDGEMENT

(1.) Ms. Pujari, learned advocate appears on behalf of petitioner (management). She submits, impugned is order dtd. 6/7/2022 made by the labour Court rejecting her client's petition dtd. 10/3/2022 for adding the contractor as party. She submits, the workmen were employed by the contractor. For purpose of effective adjudication on the reference, the contractor is a necessary and proper party.

(2.) Mr. Mishra, learned advocate appears on behalf of the workmen and relies on judgment of the Supreme Court in Globe Ground (India) Employees Union v. Lufthansa German Airlines reported in (2019) 15 SCC 273, paragraphs 18 and 19. In that context he also relies on sub-sec. (4) in sec. 10 of Industrial Disputes Act, 1947. Paragraph-19 is reproduced below.

(3.) On query from Court Ms. Pujari submits, grounds have been taken in the writ petition. We reproduce below ground-C.