1 A No.319.07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.319 OF 2007 IN WRIT PETITION NO.1351 OF 2006 Smt.Savita Chandrakant Surve & Ors. .. Appellants. Vs. M/s.Gold Mohur Mills (U.C.) N.T.C. Ltd. & Anr. .. Respondents. Mr.Vinod Shetty for the appellants. Mr.A.K.Jalisatagi for the respondents. CORAM : D.K.DESHMUKH & R.P.SONDURBALDOTA, JJ. DATED : 16TH AUGUST, 2010. P.C. This appeal challenges the order passed by the learned Single Judge of this court dated 17.7.2006 in writ petition No.1351 of 2006. That petition was filed against the order dated 13.2.2006 passed by the Industrial Court whereby the Industrial Court had confirmed the judgment and order of the Labour Court. The proceedings were filed in the Labour Court by one Chandrakant Surve claiming that he was employed by M/s.Gold Mohur Mills and his service were never terminated and, therefore, he claimed reinstatement in service with backwages. The complaint is dated 5th March, 1997. It was registered as BIR No.18 of 1997. The Labour Court disposed of the application by the order dated 7.3.2003. The application was dismissed. The appeal was preferred against that order before the Industrial Court. The Industrial Court disposed of the appeal by the order dated 13.2.2006. The appeal was dismissed. Writ Petition No.1351 of 2006 was preferred S 2 A No.319.07 against both the orders. That writ petition was dismissed on 17.7.2006.The learned Single Judge has given more than one reason for not interfering with the order of courts below but, in our opinion, one reason was enough to dismiss the petitions preferred against the order of the Labour Court. The application was filed in 1997. The Textile Undertakings (Nationalisation) Act, 1955 had come into force from 1st April, 1994. Admittedly, Gold Mohur Mills was acquired by National Textile Corporation and one of the consequence of that Act was that all the employees of Gold Mohur Mills became the employees of National Textile Corporation with effect from 1st April, 1994. The appellant’s claim that his services were never terminated by Gold Mohur Mills. If that is true then by virtue of the provision of this Act with effect from 1.4.1994 the appellant became the employee of National Textile Corporation, therefore, National Textile Corporation, who was the employer of the appellant was necessary party to the application. At no stage National Textile Corporation was joined as party. The application, therefore, was infirm for non-joinder of the necessary party, therefore, in our opinion, the entire litigation is misconceived. The court below was perfectly right in dismissing the same. Appeal is disposed of. (D.K.DESHMUKH,J.) (R.P.SONDURBALDOTA,J.)