(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Learned counsel Mr H K Acharya appearing for respondents No. 2 to 7 is heard and respondent No.1 has already waived service. By consent, the application is taken up for final disposal.
2. The applicant-Trade Union has made this application for being joined as respondent in the main Letters Patent Appeal No.1306 of 2011. There is no dispute about the fact that the original petition before learned Single Judge i.e. Special Civil Application No. 17266 of 2010 was preferred from the award of the Industrial Tribunal, Ahmedabad and the Trade Union-applicant herein was the first party in that Reference case. The award made in that Reference case was challenged in the aforesaid Special Civil Application and the Letters Patent Appeal has arisen from the order of learned Single Judge in that petition. Therefore, it could not be disputed that the applicant herein was a party in the original proceedings and somehow, for whatever reasons, it has come to be deleted in the subsequent proceedings. Under the circumstances, the applicant appears to be the main, proper and necessary party in the appeal proceedings. Accordingly the application is allowed and the applicant herein is ordered to be joined as respondent in the main appeal.
[D H WAGHELA, J.] [G B SHAH, J.] msp Top