1. After hearing learned advocate for the applicant vide order dated 18.1.2012 the application was admitted and process was made returnable on 31.1.2012.
2. on 31.1.2012 the request for adjournment on behalf of Mr. Raval, learned advocate on behalf of the opponent was made. At the request of learned advocate for the opponent hearing was adjourned to today.
3. Today when the application is called out and taken up for hearing learned advocate for the opponent is not present. Any request for adjournment or passover has also not been made. Therefore the application is decided today.
4. In present application the applicant has prayed that the applicant may be permitted to bring on record / implead the heirs / legal representatives of the original respondent Mr. R.R. Shah who according to the applicant expired in November 2008. The applicant has mentioned names of the heirs / legal representatives of the deceased respondent (i.e. original respondent) Mr. R.R. Shah in the application which read thus:-
Rasikaben Rajnikant Shah Widow of deceased Rajnikant Ramanlal Shah 39, Prakash Nagar Dharni Road Vadodara 1/2 Jineshbhai Rajnikant Shah son of deceased Rajnikant Ramanlal Shah 39, Prakash Nagar Dharni Road Vadodara
5. In such background, the applicant has prayed, in paragraph (B) that:-
"(B) The Hon'ble Court may be pleased to permit the applicant to bring the legal heirs of the late Rajnikant Ramanlal Shah, as party respondent in the above mentioned SCA No.8459 of 2004, as under, in the facts and circumstances of the case and in the interest of justice.
Rasikaben Rajnikant Shah Widow of deceased Rajnikant Ramanlal Shah 39, Prakash Nagar Dharni Road Vadodara 1/2 Jineshbhai Rajnikant Shah son of deceased Rajnikant Ramanlal Shah 39, Prakash Nagar Dharni Road Vadodara."
6. It is noticed from the record that the petitioner Vadodara Municipal Corporation has brought under challenge, in the petition being Special Civil Application No.8459 of 2004, the order passed by the Controlling Authority in Gratuity Appeal. Differently put, the dispute in the petition relates to the terminal / retiral benefits of the deceased respondent Mr. R.R. Shah. Under the circumstances, the request made by the application corporation deserves to be granted. The death certificate has been placed on record at page 5 of the application.
7. Therefore, the relief prayed for in para (B) is granted. The applicant corporation is permitted to implead heirs / legal representatives of deceased R.R. Shah whose names are mentioned at 1/1 and 1/2 in paragraph (B). The cause title shall be amended accordingly.
8. The registry shall, thereafter issue Notice to the newly impleaded respondents making it returnable on 12.3.2012.
9. Accordingly the application stands disposed of.
(K.M.THAKER,J.) Suresh* Top