Vaishnavi 4-WP-8241-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8241 OF 2026 PMPML Rashtrawadi Maharashtra General Kamgar Union ...Petitioner V/s. Pmpml ...Respondent WITH WRIT PETITION NO. 8421 OF 2026 Republican Employees Federation ...Petitioner V/s. Pune Mahanagar Parivahan Mahamandal Ltd. PMPML ...Respondent ________________ Mr. Mandar Limaye i/b Ms. Shraddha D. Sawant, for Petitioner. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 06 AUGUST 2026 P.C.: 1) By this Petition, Petitioner-Union challenges order dated 6 May 2026 passed by the learned Member, Industrial Court, Pune, allowing Application at Exhibit UA-1 filed by Respondent No. 2-Union for impleadment and directing impleadment of Respondent No.2-Union as Respondent No. 2 to the Complaint. 2) I have heard Mr. Limaye, the learned counsel appearing for Petitioner and have considered submissions canvassed by him. Page No. 1 of 3 06 August 2026 Vaishnavi 4-WP-8241-2026 3) The Petitioner-Union has filed complaint of unfair labour practice challenging the report of the Inquiry Committee, which is constituted to enquire into correctness of promotions granted to the members of the Petitioner-Union. The Petitioner-Union has also sought a declaration that the procedure followed while promoting its members is proper and that there is no necessity of inquiring into validity of those promotions. 4) Respondent No. 2 is also a Union claiming to be representing majority of the employees working in PMPML. It is claimed in the application that Respondent No. 2-Union has made several representations for the purpose of cancellation of promotions granted to the members of Petitioner-Union. There are specific averments in the application that promotions are granted dehors the seniority. An apprehension is also expressed that the employer, PMPML, may not show much interest in opposing the Complaint. On these grounds, impleadement was sought by Respondent No. 2. 5) In my view, Industrial Court has rightly allowed intervention application of Respondent No. 2. It appears that one of the issues involved before the Industrial Court is about seniority of employees. In a typical seniority dispute, the role of an employer is that of a neutral spectator. The real contest is between two groups of employees. In the present case, only one group of employees is in the litigation and now entry of rival group of employees is permitted. This would enable the Court to properly adjudicate the issue about validity of promotion. In my view therefore, impleadment of Respondent No. 2-Union appears to be proper. Page No. 2 of 3 06 August 2026 Vaishnavi 4-WP-8241-2026 6) The impleadment is also necessary for the purpose of avoiding multiplicity of proceedings. If Petitioner-Union succeeds in its Complaint and secures a declaration about validity of promotions of its members, such decision would not bind members of Respondent No. 2-Union. Then Respondent No. 2-Union may file separate proceedings challenging promotions of members of the Petitioner-Union. Such a course of action is neither advisable nor appropriate. In my view therefore, impleadment of Respondent No. 2-Union avoids multiplicity of litigation between the parties. 7) Reliance is placed by Mr. Limaye on the judgment of Apex Court in Kasturi Vs. Iyyamperumal and Ors 1 . The Apex Court has laid down twin tests of (i) right to relief against a party and (ii) non passing of effective decree on account of absence of a party. In the present case, the members of Respondent No. 2-Union claim right to promotions which are granted to the members of the Petitioner-Union. Thus, there is direct fight between two groups of employees calming promotion against same posts. Therefore, members of the Respondent No. 2-Union are necessary parties to the Complaint. The Industrial Court has rightly allowed the Impleadment Application. There is no warrant for interference in the impugned order. 8) The Writ Petition is accordingly rejected. [SANDEEP V. MARNE, J.] 1 (2005) 6 Supreme Court Cases 733 Page No. 3 of 3 06 August 2026