IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.9044 of 1993 Date of decision:09.07.2009 The Ropar District Co-operative Milk Producer's Union Limited, Milk Plant, S.A.S. Nagar (Mohali). ...Petitioner versus The Labour Court, Patiala and another ...Respondents CORAM: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. D.S.Patwalia, Advocate, for the petitioner. None for the respondents. --- K.Kannan, J.(Oral) 1. The case under reference before the Labour Court, Patiala in Reference No. 47/89 was for an adjudication of a dispute between Harjit Singh workman and the respondent described as “The General Manager, Punjab State Cooperative Milk Produces Federation Limited, Milk Plant, Mohali”. An objection was taken on behalf of the respondent that there was no such party as described in Reference and the correct party must only be Punjab State Cooperative Milk Produces Federation Limited, Milk Plant, SAS Nagar, Mohali. The Labour Court refused to entertain the objection or direct a modification of the name of the party and proceeded to pass the award without taking into consideration the objections raised on behalf of the respondent, who filed objections through the correct name of party. Civil Writ Petition No.9044 of 1993 - 2 - 2. The writ petition challenges the award only on the ground that there is no such entity as the General Manager, State Cooperative Milk Produces Federation Limited, Milk Plant, SAS Nagar, Mohali and the petitioner states in the writ petition among other grounds as follows :- “..........the Milk Plant Mohali was taken over by the Ropar District Cooperative Milk Producers Union Limited, S.A.S. Nagar, Mohali which was headed by its Managing Director who is a competent authority to file written statement on behalf of the Ropar District Cooperative Milk Producers Union Limited, S.A.S. Nagar, Mohali. The learned Labour Court instead of dismissing the reference on this ground alone that the workman had not impleaded proper party refused to entertain any evidence/written statement on behalf of petitioner. ...........” 3. I do not propose to go into the merits of the contentions or the validity of the award and suffice it to say that an adjudication could not have been made in the absence of correct parties. Even today, there is no representation made on behalf of the respondent- workman. The case has not been fully adjudged and interest of justice would be met if the petitioner before this Court is directed to substitute the name as described in the reference before the Labour Court. 4. Under the circumstances, the award of the Labour Court is set aside and the matter shall be remitted to the Labour Court, Patiala with the amended cause title describing the respondent as in the manner described in the writ petition namely 'The Ropar District Co-operative Milk Producers Union Limited, Milk Plant, S.A.S. Nagar, Civil Writ Petition No.9044 of 1993 -3 - Mohali'. The Labour Court shall take up of the case on priority basis having regard to the fact that the Reference is of the year 1989 and dispose it of as expeditiously as possible, preferably within a period of six months from the date when this order is passed. 4. Parties are directed to appear before the Labour Court, on 05.08.2009. (K.KANNAN) JUDGE 09.07.2009 sanjeev