1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2798 OF 2010 (Zilla Parishad, Gadchiroli through its CEO & Anr. vs. Sm. Sarathi Papayya Totala & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. SEPTEMBER 16, 2010. Heard Shri Deshpande, learned counsel for the petitioners, Shri Meghe, learned counsel for respondent No. 1 and Shri Gaikwad, learned counsel for respondent No. 2. It is not necessary to consider in detail the rival contentions. By the impugned judgment, the Industrial Court has found the appointment of Respondent No. 2 contrary to Government Resolution dated 09.02.2005. In view of this declaration, it is apparent that employment given to Respondent No. 2 is jeopardized. Respondent No. 2 was not party before the Industrial Court. Shri Deshpande as also Shri Meghe, learned counsel have placed before this Court their interpretation of clauses (1) and (2) of Government Resolution dated 09.02.2005. I find that the Industrial Court could not have accepted any of the interpretation given by any of the parties in the absence of Respondent No. 2. Hence, 2 without entering into merits of the controversy, the impugned judgment dated 22.02.2010 is hereby quashed and set side. The proceedings in ULP Complaint No. 61 of 2006 are restored back to the file of Industrial Court, Chandrapur. The parties shall appear before the Industrial Court, Chandrapur, in ULP Complaint on 4th October 2010 and the Industrial Court shall attempt to decide the same as early as possible and in any case by 31st March 2011. Writ Petition is disposed of. Rule is made absolute in above terms. However, there shall be no order as to costs. JUDGE *GS.