:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 709 OF 2006 CIVIL APPLICATION NO. 709 OF 2006 CIVIL APPLICATION NO. 709 OF 2006 IN IN IN WRIT PETITION NO. 7073 OF 2005 WRIT PETITION NO. 7073 OF 2005 WRIT PETITION NO. 7073 OF 2005 Akhil Bharatiya Mathadi, Transport & General Kamgar Union ..Applicants versus Pepsico India Holdings Pvt. Ltd. & Ors. ..Respondents Shri S. Manale h/f. Shri S. S. Pakale for the Applicants. Shri R. V. Talashikar for the Respondents No.1. Ms. M. H. Lund with Ms. P. Divekar i/b. Ms. L. S. Desai for the Respondents No.2. CORAM : R.M.S. KHANDEPARKAR & CORAM : R.M.S. KHANDEPARKAR & CORAM : R.M.S. KHANDEPARKAR & NARESH H. PATIL, JJ. NARESH H. PATIL, JJ. NARESH H. PATIL, JJ. DATE : 30TH AUGUST, 2006 DATE : 30TH AUGUST, 2006 DATE : 30TH AUGUST, 2006 P.C. : P.C. : P.C. : 1. Heard. 2. Undisputedly, the proceedings before the Respondent No.1 in Writ Petition No. 7073 of 2005 were pursuant to the directions issued by this Court in Writ Petition No. 2366 of 2005 by order dated :2: 14.7.2005. The said Order clearly recorded that "the Board is directed to decide the show cause the Board is directed to decide the show cause the Board is directed to decide the show cause notice as expeditiously as possible and preferably notice as expeditiously as possible and preferably notice as expeditiously as possible and preferably within three months. The Board shall also consider within three months. The Board shall also consider within three months. The Board shall also consider the request of the Petitioner to enroll the workers the request of the Petitioner to enroll the workers the request of the Petitioner to enroll the workers listed at Exh. A to the petition as Mathadi listed at Exh. A to the petition as Mathadi listed at Exh. A to the petition as Mathadi workers." workers." workers." Obviously, the Respondent No. 1 was required to pass an order on consideration of the request of the Applicants herein who were the Petitioners in the said Writ Petition No. 2366 of 2005 to enroll workers, list whereof was annexed as Exhibit’A’ to the petition as Mathadi Workers. Respondent No. 1 was directed by this Court in the said Writ Petition at the instance of the Applicants herein, who were the Petitioners in the said Writ Petition, that the adjudication of the issue involved in the matter would be incomplete unless the Applicants herein are heard in the matter. Since the Petitioners in Writ Petition No.7073 of 2005 are challenging the order passed by the Respondent No.1 which was passed consequent to the said direction in the earlier Writ Petition, the Applicants are justified in contending that they should be heard in the matter before disposing of the said Writ Petition. Any order passed in the :3: Petition would certainly affect the Applicants, and being so, the Applicants have made out a case for joining them as party Respondents to the Writ Petition No.7073 of 2005. 3. Considering the fact that the order passed by the Respondent No.2 which is under challenge in the said Writ Petition was at the instance of the Applicants herein and consequent to the direction to that effect by this Court in the earlier Writ Petition filed by the Applicants herein, the Applicants herein are necessary and proper parties to the Writ Petition No. 7073 of 2005, and, in the absence of the Applicants, the adjudication would be incomplete. 4. For the reasons stated above, the Petitioners in Writ Petition No. 7073 of 2005 are directed to join the Applicants herein as the party Respondents No.3, and serve a copy of the Writ Petition upon the newly added Respondents. There is no question of grant of other reliefs asked for by the Applicants, at this stage. 5. The Petitioners in Writ Petition No. 7073 :4: of 2005 to carry out necessary amendment to the said Writ Petition within 15 days. On amendment being so carried out, the Writ Petition No. 7073 of 2005 to be listed for hearing on admission on 25.9.2006. Application stands disposed of accordingly. (R.M.S. KHANDEPARKAR, J. ) (R.M.S. KHANDEPARKAR, J. ) (R.M.S. KHANDEPARKAR, J. ) (NARESH H. PATIL, J.) (NARESH H. PATIL, J.) (NARESH H. PATIL, J.)