HOCHTIEF GAMMON Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners, Hochtief Gammon, a firm of civil engineers and contractors having their office at Rourkela, challenge the order of the Government of Orissa, Labour Department, dated 27 July 1964, in Industrial Dispute Case No. 6 of I860 in the Court of the presiding officer, industrial tribunal, Orissa. By the said order Government held that they did not find any material, on the basis of the petition dated 20 May 1964 filed by the petitioners, to include Hindusthan Steel, Ltd. , Rourkela, as a party in the said case.

(2.) ON 14 November 1960, the Government of Orissa referred to the industrial tribunal an alleged industrial dispute between the petitioners and their workmen. The issue referred for adjudication was this: Whether the workers of Hochtief Gammon, civil engineers and contractors, Rourkela, are entitled to bonus, and if so, what should be the quantum ?

(3.) IN the said industrial dispute case the petitioners made an application to the industrial tribunal to make Hindusthan Steel, Ltd. , Rourkela, a party, on the ground that the petitioners entered into an agreement with Hindusthan Steel, Ltd. , for construction of foundation and civil engineering works for the rolling mills at Rourkela. According to the petitioners, Hindusthan Steel, Ltd. , is the employer and it alone is entirely responsible for payment of wages and other remuneration of any kind to the workmen engaged on their works for and on their behalf and that there is no responsibility on the part of the petitioners for such payment. On the said application for adding Hindusthan Steel, Ltd. , as a party, the industrial tribunal held that he had no jurisdiction to add it as party. Against this order of the industrial tribunal the petitioners filed a writ petition being Original Jurisdiction Case No. 128 of 1961 before the High Court for a direction on the tribunal to add Hindusthan Steel, Ltd. , as a party. On the said writ petition, this High Court found that the application was premature as the tribunal had not passed any final order and accordingly the said petition was dismissed. Against the said order of this Court the petitioners went up in appeal to the Supreme Court who, while holding that the tribunal had implied power to add parties, decided that in the present case Hindusthan Steel, Ltd. , cannot be regarded as a necessary party.