Devi Prasad Singh, J. - (1.) (C.M. Application No. 60617(W) of 2009)
(2.) HEARD Mr. Rakesh K. Chaudhary, learned Counsel for U.P. Cooperative Processing and Cold Storage Federation (applicant) and Smt. Nalini Jain, learned Counsel appearing on behalf of the petitioner. The applicant's counsel submits that the U.P. Processing and Construction Cooperative Federation, the petitioner's appointing authority, has not been impleaded as party. Present writ petition was filed without impleading the U.P. Processing and Construction Cooperative Federation as the respondent.
(3.) IT has not been disputed that the U.P. Processing and Construction Cooperative Federation was a party before the tribunal. At the face of record, the writ petition was allowed without providing opportunity of hearing to the affected party/appointing authority. The petitioner's counsel has relied upon the judgment, reported in : AIR 1987 SC 943 State of U.P. v. Shri Brahm Datt Sharma and Anr. with submission that once a case is decided finally, it cannot be recalled or modified.;