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SCA/13488/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13488 of 2010
======================================
KHIMCHAND
LAXMICHAND - Petitioner
Versus
BAKULCHAND
DHIRAJLAL SHETH - Respondent
======================================
Appearance :
MR
DG SHUKLA for the Petitioner.
None for the
Respondent.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 13/10/2010
ORAL
ORDER
1. By
way of this petition under Articles 226 and 227 of the Constitution
of India, the petitioner – Management – Institute has
prayed for an appropriate writ, order and/or direction, quashing and
setting aside the impugned interlocutory order dated 28/04/2010
passed by the Labour Court, Bhavnagar below Exh-20 in Reference (LCB)
Case No.89 of 1995, by which the Labour Court has rejected the
application submitted by the petitioner to join “The Director,
Social Defence Department, State of Gujarat” as necessary party
to the aforesaid Reference.
2. At
the outset, it is required to be noted that the dispute is between
the employer and employee and, therefore, the Labour Court has not
committed any error and/or illegality in not allowing the
application submitted by the petitioner to join “The
Director, Social Defence Department, State of Gujarat”, from
whom, the petitioner is alleged to is receiving the grant. Merely
because the petitioner might be getting grant and/or appointment of
the staff is subject to approval of the concerned Department, the
concerned Department would not become employer. It is the petitioner,
who is employer and, therefore, in a dispute between the employer and
employee, Labour Court has rightly not allowed the said application
submitted by the petitioner to join “The Director, Social
Defence Department, State of Gujarat”, with whom the employee
has no privity of contract.
3. It
is also required to be noted that the Reference is of the year 1995,
the petitioner submitted the application below Exh-20 requesting to
join “The Director, Social Defence Department, State of
Gujarat” in the year 2009 i.e. after a period of 14 years.
Considering the aforesaid facts and circumstances of the case, no
illegality has been committed by the Labour Court in rejecting the
application submitted by the petitioner to join “The Director,
Social Defence Department, State of Gujarat” as necessary party
to the aforesaid Reference.
4. In
view of the above, there is no substance in the present petition,
which deserves to be dismissed and is accordingly dismissed. No
costs.
[M.R.SHAH,J]
*dipti
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