The Special Leave to Appeal was allowed. The impugned order dismissing the writ petition solely due to the State's non-impleadment was set aside. The matter was remitted to the Single Judge for a merits decision after the State is impleaded.
The impugned order set aside; matter remitted to the Single Judge; appeal allowed.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR --------------------------------------------------------
SPL. APPL. WRIT No. 1075 of 1998
EX.ENG.IRRIGATION SUB-DIVISION,BANSWARA V/S INDUSTRIAL TRIBUNAL & ANR
Mr.SHYAM LADRECHA, AGA, for the appellant Mr.P.R. MEHTA, for the respondent
Date of Order : 7.3.2008
HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI MANAK MOHTA,J.
ORDER -----
Both the learned counsel are agreed to the effect that the State Government may now be impleaded as partypetitioner in the writ petition since the learned Single Judge has dismissed the writ petition only on the ground that the State has not been impleaded as party-petitioner.
Accordingly, this appeal is allowed. The impugned order of learned Single Judge is set aside, and the matter is remitted back to the learned Single Judge for deciding it afresh on merits. The amended cause-title be filed.
The parties will appear before the learned Single Judge on 21.4.2008.
( MANAK MOHTA ),J. ( N P GUPTA ),J.
/Sanjay/
1 issue framed by the court
Whether the State Government should be impleaded as a party-petitioner in the underlying writ petition.
EX.ENG.IRRIGATION SUB-DIVISION,BANSWARA
INDUSTRIAL TRIBUNAL & ANR
N P GUPTA
MANAK MOHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
