(Per : HONOURABLE MR.JUSTICE A.L.DAVE)
1. Heard learned advocate Mr.N.D.Songara for the applicant.
2. By this application, the applicant seeks the following reliefs :
"(A) Your Lordships may be pleased to admit and allow the present Civil Application.
(B) Your Lordships may kindly be pleased to grant permission to join opponent No.2 (proposed respondent No.2) the Presiding Officer, Labour Court, Bharuch as party respondent No.2 in Special Civil Application No.4175 of 2011 and consequently to Letters Patent Appeal No.1776 of 2011 and grant permission to amend the cause title of Special Civil Application No.4175 of 2011 and consequently Letters Patent Appeal No.1776 of 2011.
(C) Your Lordships may kindly be pleased to dispense with the affidavit of affirmation in support of the present Civil Application.
(D) Any other and further relief may kindly be granted as Your Lordships deemed fit, just and proper in the interest of justice."
3. The applicant seeks amendment of the cause title in the Special Civil Application which is already disposed of and the order disposing of the said Special Civil Application is the subject matter of challenge in the Letters Patent Appeal. The present novel way is sought to be resorted by the applicant to come out of the sweep of the decision of this Court where it is held that the Labour Court would be necessary party in the Special Civil Application if, in fact, a writ is sought in exercise of the jurisdiction under Article 226 of the Constitution of India.
4. In our view, this application cannot be entertained as the Special Civil Application wherein the Labour Court is sought to be joined as party respondent is already disposed of and the purpose behind joining a party as party litigant would be frustrated if such party is permitted to be joined as party respondent. The application, therefore, found to be devoid of merits and is rejected.
(A.L.Dave,J) (Mohinder Pal,J) pathan Top