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K vs Ahmedabad

High Court Of Gujarat|23 February, 2012

JUDGMENT / ORDER

1. The applicants have taken out present application seeking below mentioned relief and direction:
"3(A) The draft amendment as prayed for in cause title and in para 3.5 be allowed in SCA No.7703 of 2008."
2. The details of the amendment which are requested for is mentioned at Annexure-R1 to the application which reads thus:
"1.
The following Respondent be added as Respondent No.2 in the cause title of the petition The Gujarat Janwadi Karmachari Union Voraji ni Chali, Hiravadi Nr.
Memco Bus Depo, Bapunagar Road, Saijpur-Bogha, Ahmedabad
2. The following annexure be added at the end of para 3.5 as under:
"Annnexed hereto and marked as ANNEXURE-B1 is a copy of the representations made by the petitioners dated 18.07.2000 and 02.07.2004."
3. Considering the nature of the case and relief prayed for by the applicants, it appears appropriate to pass necessary order.
4. This, however, is done with a clarification that if at all the opponent corporation has any objection against the order which is passed today in present application then it would be open to the opponent corporation to take out appropriate application with a request either to modify the order or to recall the order.
5. Ms. Shah, learned advocate has appeared for the applicant and submitted that in the parent dispute, the claim and interest of the concerned workers was represented by the union and that therefore, the concerned persons consider it necessary to implead the union as supporting respondent in the petition. Therefore, request made at Sr. No.1 at Annexure-R1 is made.
6. Considering the said request, subject to the objection of the opponent corporation, the relief is granted. The applicants are permitted to implead the Gujarat Janwadi Karmachari Union as respondent no.2 in Special Civil Application No.7703 of 2008.
7. Learned Counsel for the applicant also submitted that the applicants have made representation to the competent authority. In support of the said submission, the applicants now seek to place on record the copy of the said representation.
8. Having regard to the said request and submission made by learned counsel for the applicants, the request is granted. The applicants are permitted to place on record typed and legible copy of report dated 02/07/2004 Annexure-C to the petition. This would be subject to the objection, if any, by the opponent corporation. It would also be open to the opponent corporation to file appropriate affidavit dealing with the said representation and placing on record relevant facts if it is so required.
9. With the aforesaid clarification, the application stands disposed of.
(K.M.THAKER, J.) Suresh* Top
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Title

K vs Ahmedabad

Court

High Court Of Gujarat

JudgmentDate
23 February, 2012