IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 750 OF 2008 ALL GOA GENERAL EMPLOYEES UNION THROUGH GENERAL SECRETARY ... Petitioner Versus GOA CONSTRUCTION HOUSING AND FINANCE CORPORATION LTD AND 2 ORS., ... Respondents Mr. L. Salkar, Advocate for the petitioner. Mr. P. Kamat, Advocate for the respondent no.3. Coram:- SMT. R. S. DALVI, J. Date:- 20th April, 2009 P.C. The order that is challenged in this writ petition is dated 30.07.2008 of the Labour Court, by which the Goa Housing Board who was sought to be joined as a party respondent was not allowed to be joined. The application came to be made under Section 18 (3) (b) of the Industrial Disputes Act, 1947. It has been the case of the workmen that they were employees of Goa Construction Housing and Finance Corporation Ltd. (respondent no.1 herein), the assets and liabilities of that Corporation have been transferred to the respondent no.3 herein, respondent no.3 herein is the only employer/opponent in the application before the Labour Court and respondent no.3 has discharged the liability in respect of the employees retrenched by the respondent no.1 herein. Hence the workmen contend that the respondent no.3 must be joined as party under section 18 (3) (b) of the Industrial Dispute Act, 1947. Both the parties have placed reliance upon the judgment of the Supreme Court in the case of Hochtlef Gammon v. Industrial Tribunal in 1964 (II) I.L.J. 460. The powers of Industrial Tribunal under section 18 (3) (b) of the Industrial Disputes Act, 1947 have been considered. However, the implied power to add necessary parties are held to be incidental. The power to join a party against whom the workers claim their retrenchment dues is held to be made by the reference made to the Government. Hence the impugned order cannot be challenged. The workmen shall be entitled to make such an application to the Government for impleading Goa Housing Board as a party in their application before the Labour Court. Writ petition stands disposed of accordingly. SMT. R. S. DALVI, J. lh/.