Brief Facts:
In the case Ananta Kumar Majhi and others v. State of Orissa, the petitioners sought to be added as parties to an ongoing industrial dispute before the Labour Court. The dispute, raised by other workers, concerned their re-employment under a new contractor. The petitioners claimed to be similarly situated as the named workers in the reference made by the appropriate government. The Labour Court, however, rejected their application for inclusion, prompting this writ petition challenging that decision.
Point of Law:
The key legal issue was whether the petitioners could be added as parties to the industrial dispute. The court had to consider if their inclusion was necessary for the effective adjudication of the dispute, as per the principles laid down in Hochtief Gammon v. Industrial Tribunal and Municipal Corpn. of Greater Mumbai v. K.V. Shramik Sangh. The law allows the addition of parties if their non-joinder would render the adjudication ineffective or unenforceable.
High Court Ruling:
The Orissa High Court had appointed Mr. P. Nayak, Advocate as Amicus Curie for his research and upheld the Labour Court’s decision, ruling that the non-joinder of the petitioners would not make the adjudication ineffective or unenforceable. The court emphasized that the reference was specific to the named workers, and the inclusion of additional parties was not warranted. The petitioners were advised to seek alternative remedies as observed by the Labour Court. The writ petition was disposed of without interference.