Gandhidham (Gujarat). It is also not in dispute that the petitioner had earlier approached this Court with the same grievance and in his petition being Special Civil Application No. 559 of 1994, this Court had given certain direction on 16.02.1995. It is pursuant to the said direction, the Competent Authority made the Reference, which is ultimately adjudicated by the CGIT, Ahmedabad. The Reference was made in the year 1995 and it is at that distant point of time, the concerned workman has got some relief. The contention of non-joinder of necessary party is less for effective adjudication, more for ousting the jurisdiction of the CGIT, Ahmedabad. If this contention is accepted at this stage, the order of this Court dated 16.02.1995 would also be without territorial jurisdiction. This contention therefore needs to be and is rejected. The aspect of delay would also not take the case of the petitioner Authority any further in the factual background noted above. It is noted that, nothing is pointed out as to how the award is erroneous on merits. The authorities relied by the learned advocate for the petitioner would not take the case of the petitioner any further in the facts noted above. Considering the totality, this petition needs to be dismissed.”
