BIRLA TYRES WORKERS UNION Vs. INDUSTRIAL TRIBUNAL ORISSA

JUDGEMENT

(1.) THIS writ application has been filed by the Workers' Union challenging the order dated 21. 2. 2002 passed by the Presiding Officer, industrial Tribunal, Orissa, Bhubaneswar in I. D. Case No. 31 of 2000 (State), under which the application of the petitioner praying to implead the Principal Employer, opposite party No. 3, as a necessary party to the proceeding/reference has been rejected.

(2.) THE petitioner-Union raised an industrial dispute alleging illegal retrenchment of 75 workmen by the management of M/s, Baba Enterprises, which was taken up for conciliation and the same having ended in failure, the State Government in the labour and Employment Department, referred the dispute to the Industrial Tribunal, Bhubaneswar, for adjudication. The terms of the reference was as follows:

(3.) THE petitioner-Union filed their claim statement before the Industrial Tribunal and the management, opposite party No. 2, filed their written statement, opposing the claim application of the Union. Subsequently, the petitioner-Union filed an application before the Industrial Tribunal praying to implead the principal employer, M/s. Birla Tyres, Balasore, opposite party No. 3, as a necessary party to the reference, which was objected to by the said principal employer on the ground that they are neither necessary nor proper party to the proceeding and are not connected in any manner with the terms of the reference made by the State Government to the Industrial Tribunal for adjudication.