Osec v. Grid Corpn
Case brief
What is this about?
The Court dismissed a writ petition seeking directions for repatriation of a member from NTPC to GRIDCO, ruling that the application was not maintainable because it was limited to one member and OPTCL, who had assumed transmission activities, was not impleaded.
What the court decided
O.J.C. 6865 OF 1998
14.03.2016 Heard Mr.N.C.Mohanty, learned counsel for the petitioners and Mr.B.K.Patnaik, learned co
unsel for opposite party no.1.
The petitioner no.1, Orissa State Electricity Corporations Engineers Association of whic
h petitioner no.2 is one of the members, has filed this application seeking for a direction to
the opposite parties to repatriate the services of the members of the petitioner-Association
to GRID Co from N.T.P.C., T.T.P.S. and further seeking for a direction to opposite party no.1
to take back petitioner no.2 from N.T.P.C. to GRID Co.
Mr.N.C.Mohanty, learned counsel for the petitioners submits that the petitioner no.1-Ass
ociation is espousing the cause of its members and one of such member is petitioner no.2, who
claims the aforesaid relief from this Court.
Mr.B.K.Patnaik, learned counsel for opposite party no.1 states that the petitioners have
not disclosed who are the members of petitioner no.1-Association and thus, at the behest of t
he association, the writ application is not maintainable.
In course of hearing Mr.N.C.Mohanty, learned counsel for the petitioners states that he
only confines his prayer so far as petitioner no.2 is concerned and therefore, he may be exten
ded the benefits as claimed in the writ application.
In view of the aforesaid submission, the writ application stands dismissed as against pe
titioner no.1-Association as the same is only confined to petitioner no.2.
Mr. B.K.Patnaik, learned Counsel for opposite party no.1 states that since the transmiss
ion activities of the GRIDCO have already been transferred to OPTCL, and OPTCL having not been
added as a party, the writ application cannot sustain due to non-joinder of proper parties.
Considering the submission of the learned counsel for the parties and on perusing the ma
terials available on record, it appears that the transmission activities of the GRIDCO has alr
eady been transferred to OPTCL and OPTCL has not been added as a party to the writ application
. Accordingly, the writ application stands dismissed due to non-joinder of proper parties.
Issue urgent copy as per rules.
PKSahoo
Issues for consideration
2 issues framed by the court
Whether the association can seek direction for repatriation on behalf of one member alone.
Whether the writ application is maintainable without the addition of OPTCL as a proper party.
Parties & counsel
- petitioner
Orissa State Electricity Corporations Engineers Association
- petitioner
Petitioner no.2
- respondent
Opposite party no.1
Case details
As recorded by the court registry
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