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ANUBHA RAWAT CHOUDHARY
Telco Canteen Employees Union through its General Secretary Vishnu Kumar Kamat, son of Late Sitaram Kamat – Appellant
Versus
State of Jharkhand – Respondent
Headnote: Read headnote
JUDGMENT :
This writ petition has been filed for the following relief :
2. Learned Senior counsel for the petitioner while explaining the reasons for delay in challenging the impugned order dated 24.08.1994 in W.P.(L). No.6385 of 2018 has submitted that the learned court below did not proceed in the matter after passing of the impugned order. The learned counsel has submitted that the person who was impleaded as a party to the proceedings vide impugned order dated 24.08.1994 filed a peti
The presence of M/s. H.N. Parikh and Company as a party was essential for effective adjudication and complete decision of the questions involved in the reference case.
The main legal point established in the judgment is the application of the Industrial Disputes Act, 1947, and the principles of employer-employee relationship in the context of canteen workers' statu....
The Industrial Court lacks jurisdiction to entertain complaints of unfair labor practices unless an undisputed employer-employee relationship is established.
An appellant seeking to be impleaded in a suit must establish necessary standing, which was not demonstrated here; hence, the dismissal was upheld.
The earlier ruling by the Central Administrative Tribunal was deemed a nullity due to lack of jurisdiction, allowing the workwoman's claim for reinstatement to be adjudicated afresh.
The court ruled that a party cannot be impleaded unless their presence is necessary for the effective adjudication of the suit, emphasizing the plaintiff's right as dominus litis.
Engagement of Self Help Groups for supply of Take Home Ration is governed by administrative guidelines, and lack of renewal does not constitute an enforceable right, nor does it require a prior notic....
The court established that without clear evidence of direct employment, claims of an employer-employee relationship under contract labour provisions cannot succeed.
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