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1 - 3 of 3 (0.25 seconds)Article 227 in Constitution of India [Constitution]
Bhagyoday Coop.Bank Ltd., Ahmedabad vs Natvarlal K. Patel on 15 December, 2009
The petition is
containing the challenge to the order of the Tribunal only in so far
it denies back wages to the petitioner. The petitioner is
approaching this court invoking Article 226 of the Constitution of
India. The Full Bench of this Court in a decision in case of THE
BHAGYODAYA COOPERATIVE BANK LTD. VS. NATWARLAL K. PATEL AND OTHERS,
reported in 2011 (3) GLH (FB) 89 held that when the petition is
brought under Article 226 containing the challenge to the
subordinate Tribunal s order, this Tribunal is required to be
joined as party. In the instant case, the petitioner has not joined
the Tribunal as a party and therefore, on this ground the petition
is required to be dismissed for non-joinder of the parties, as, as
per the observation of the Full Court, no petition could be
maintained under Article 226 without joining the concerned Tribunal
as party respondent.
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