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AMLA SAFAI LABOUR UNION,MUNICIPAL CORPORATION,SARGODHA versus MUNICIPAL CORPORATION, SARGODHA


Industrial Relations Ordinance 1969 Section 36 Procedure and Procedure Required party in matters of dispute between workers and employers
1986 P L C 633

[Labour Appellate Tribunal Punjab]

Present: Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal

AMLA SAFAI LABOUR UNION,

MUNICIPAL CORPORATION,

SARGODHA and 4 others

Versus

MUNICIPAL CORPORATION, SARGODHA and 5 others

Revision No.SG‑20 of 1986, decided on 25th January, 1986.

Industrial Relations Ordinance (XXIII of 1969)‑‑

‑‑‑S. 36‑‑Practice and procedure‑‑Necessary party‑‑Employer is necessary party in labour cases of disputes between workers and employers.

Nemo for respondents Nos. 1 and 2.

Respondents Nos. 3 and 4 in person.

Nemo for Respondents Nos. 5 and 6.

Date of hearing: 25th January, 1986.

JUDGMENT

The order dated 18‑12‑1985 is reported to be without jurisdiction and of no legal effect.

2. Vide the impugned order the learned lower Court struck of the names of the Mayor Municipal Corporation, Sargodha from the list of respondents. Both of them are employers of the petitioners. In labour cases the dispute is between the workers and the employer, therefore, the employers are the necessary parties. Needless to say that without a necessary party a case cannot run. The learned Lower Court thus committed mistake in striking of the names of respondents Nos. l and 2who were necessary party. Accordingly the revision is accepted and setting aside the impugned order the names of Municipal Corporation, Sargodha and Mayor, Municipal Corporation, Sargodha are restored as respondents. The case is sent back for decision on merits.

A.E.

Case remanded.

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