Allowed

Smt. Lata Pandit Kanse v. the Additional Commissioner of Labour, Pune Division and Ors.

Bombay HC8 Dec 2014WP/10647/2013

Case brief

AI extract

What is this about?

This order disposed of five common writ petitions concerning the rejection of an application for reference amendment. The High Court directed the Additional Commissioner of Labour to amend references by adding Respondent No.3 as a necessary party to avoid non-joinder complications in future adjudication.

What did the court decide?

Prayer (b) granted to direct Respondents 1 and 2 to amend References IDA Nos 09/2008, 10/2008, 11/2008, 12/2008, and 13/2008 by adding Respondent No.3.

Smt. Lata Pandit Kanse Vs the Additional Commissioner… — Service and Employment | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 11198 OF 2013

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Mr. Ashok Dattatray Salokhe .... Petitioner vs The Additional Commissioner of Labour Pune Division and ors .... Respondents

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ALONG WITH

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WRIT PETITION NO. 11199 OF 2013

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Mr. Tukaram Dagdu Magdum .... Petitioner vs The Additional Commissioner of Labour Pune Division and ors .... Respondents

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ALONG WITH

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WRIT PETITION NO. 10646 OF 2013

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Mr. Satish Jaysingh Kumbhar .... Petitioner vs The Additional Commissioner of Labour Pune Division and ors .... Respondents

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ALONG WITH WRIT PETITION NO. 10647 OF 2013 Smt. Lata Pandit Kanse .... Petitioner vs The Additional Commissioner of Labour Pune Division and ors .... Respondents

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AND ALONG WITH WRIT PETITION NO. 10648 OF 2013

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Mr. Jeewanangan Pandurang Rokade vs The Additional Commissioner of Labour Pune Division and ors

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.... Petitioner

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.... Respondents

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Mr. P. P. Chavan with Mr. Ravindra R. Chille for the petitioners. Mr. P. P. Kakade, AGP for Respondent Nos. 1 and 2. Mr. Meelan Topkar for Respondent No.3.

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CORAM: ANOOP V. MOHTA AND N.M. JAMDAR, JJ.

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DATE : December 08, 2014

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P.C.:

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We are inclined to dispose of the preset Writ Petitions by

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this common order as the Respondents are common so also the issues.

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2 The Assistant Commissioner of Labour by Order dated 9 July 2013, at the instance of Respondent No.3, pending the Writ Petition rejected the Application for Reference by rejecting the Application for rejoinder of necessary parties. Respondent No.4 Hospital is admittedly run by Respondent No.3. The Original

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Reference was bad for nonjoinder of necessary party, namely Respondent No.3 as contended. Therefore, to avoid further complication and in the interest of justice, the Application was sought for bringing amendment to the original Reference and requested to make Reference accordingly. The learned authority, however, rejected the same by recording that the Petitioner to raise a dispute against the employer separately so that necessary Reference can be made.

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3 However, considering the undisputed position on record, including that all the Respondents are connected and/or essential for Reference in question and for proper adjudication, the Application of amendment as sought by the Petitioner, in our view, is necessary to be adjudicated and decided together.

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4 Therefore, we are inclined to dispose of the present Writ Petitions by granting prayer (b) to the extend that Respondents 1 and 2 to amend the References as (a) IDA No.11/2008, (b) IDA No.10/2008,(c ) IDA No. 12/2008, (d) IDA No. 13/2008 and IDA No. 09/2008 in respective matters, by adding Respondent No.3Yeshwant Shikshan Prasarak Mandal and decide the same in accordance with law.

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5 All points kept open.

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6 All the writ petitions are disposed of accordingly. There

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shall be no order as to costs.

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(N. M. JAMDAR, J.) (ANOOP V. MOHTA, J.)

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Smt. Lata Pandit Kanse v. the Additional Commissioner of Labour, Pune Division and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Lata Pandit Kanse v. the Additional Commissioner of Labour, Pune Division and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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