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Revision Petition No.LHR‑467 of 1985, decided on 2nd February, 1986.
‑‑‑Ss. 8 (3) & 38(3‑a)‑‑Appeal before Labour Court against order of Registrar, could be decided in absence of proper party Necessary party would be Registrar only‑‑Affected persons were only proper Court Application for impleading as party by person affected Labour directing Registrar to reconsider matter without deciding application, held, such order not defective‑‑‑Applicant, however directed by Appellate Tribunal in revision to appear before Registrar to join enquiry.
Petitioner in person.
Zaheerud‑Din, Labour Officer for Respondent No.2.
Date of hearing: 2nd February, 1986.
Gulzar Ahmad, petitioner, got no‑confidence vote passed against the President and General Secretary of the Union and in retaliation respondent No.3 got passed no‑confidence vote against the petitioner, who was the president of the union. Both the matters were sent to the Registrar for approval but he turned down both the requests. Abdul Rehman, respondent No.3 went in appeal to the learned Labour Court. The petitioner applied to the learned lower Court for being impleaded as a party to the appeal but without deciding the said petition the learned Court directed the Registrar to reconsider the matter.
The grievance petition of the petitioner is that he was not impleaded as party and on his back the learned Labour Court passed order prejudicial to him. In such cases necessary party is only the Registrar and other affected persons are only proper parties. A case cannot be decided without hearing a necessary party but it can be decided in the absence of a person who is only a proper party. Since the learned lower Court has not passed any final order but has directed the Registrar to reconsider the matter after making inquiry, the petitioner is not adversely affected by the impugned order. He is directed to appear before the Registrar to join the inquiry. The Registrar is directed to include the petitioner in the proceedings and allow both the parties to bring on the record necessary material enabling him to finally decide the matter in one way or the other. Since the period allowed by the learned lower Court for inquiry has expired fresh period of one month is allowed to the Registrar for the purpose.
A.E.
Orders accordingly.
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