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2023 Supreme(Ori) 156

ARINDAM SINHA, M. S. SAHOO
BOC India Limited, Sundargarh – Appellant
Versus
Shri Paramananda Das – Respondent


Advocates appeared:
Anindita Pujari, Advocate, Tusar Ku. Mishra, Advocate

JUDGMENT

Arindam Sinha, J. - Ms. Pujari, learned advocate appears on behalf of petitioner (management). She submits, impugned is order dated 6th July, 2022 made by the labour Court rejecting her client's petition dated 10th March, 2022 for adding the contractor as party. She submits, the workmen were employed by the contractor. For purpose of effective adjudication on the reference, the contractor is a necessary and proper party.

2. Mr. Mishra, learned advocate appears on behalf of the workmen and relies on judgment of the Supreme Court in Globe Ground (India) Employees Union v. Lufthansa German Airlines reported in (2019) 15 SCC 273, paragraphs 18 and 19. In that context he also relies on sub-section (4) in section 10 of Industrial Disputes Act, 1947. Paragraph-19 is reproduced below.

    '19.Further, having regard to limited scope of adjudication, to answer the reference, which is circumscribed by Section 10(4) of the Industrial Disputes Act, 1947, we are of the view that the first respondent is neither necessary nor proper party, to answer the reference by the Industrial Court.'

3. On query from Court Ms. Pujari submits, grounds have been taken in the writ petition. We reproduce below g

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