Judgment : N. PATHERYA, J. (1) IN this writ petition the petitioner has challenged the order dated 20th February, 2007 and sought for addition of the Port Shramik co-operative Enterprise Limited as a party in Reference No. 35 of 2004. (2) PETITIONERs Case 2. 1 The case of the petitioner is that in 1996 some workers of the Port shramik Co-operative Enterprise Ltd. (Co-operative) filed C. O. No. 5950 (W)of 1996 praying for absorption by the Calcutta Port Trust. By order dated 27th november, 1998 this Court held that the said dispute should be decided by the labour Court if a dispute is raised. Thereafter a letter was written to the Central government to refer the dispute and the same was recorded. The said rejection was challenged in W. P. No. 2332 of 2001 and by order dated 29th July, 2004 the order of the Central Government was quashed. The Central Government was thereafter directed to refer the dispute to the proper Industrial Tribunal/labour court. On basis thereof by an order dated 27th August, 2004 the Central government made a reference to the Industrial Tribunal at Calcutta. The matter referred was as follows : the Schedule "whether the demand made by the Haldia Calcutta Port and Dock Shramik union to absorb the workers (as per list annexed) of Port Shramik Co-operative stores in the regular establishment under the Kolkata Port Trust is legal and justified? If so, what relief are the disputants concerned entitled to and from what date?" 2. 2 In the matter referred the Co-operative has been named and the Haldia-Calcutta Port and Dock Shramik Union (Union) is seeking absorption of the workers of the Cooperative in the establishment of the Calcutta Port Trust and therefore the Co-operative is a necessary and proper party. Any adjudication in their absence will not be complete and effective. 2. 3 Reference is dated 27th August, 2004 the application for addition was made on 16th March, 2005. The said application has been disposed of on 20th february, 2007 and therefore there has been no delay by the petitioner, In W. P. 2332 of 2001, the Cooperative was a party/respondent and by order dated 4th May, 2007 the Co-operative has been added as a party/respondent in the instant writ petition. 2a. The said application has been disposed of on 20th february, 2007 and therefore there has been no delay by the petitioner, In W. P. 2332 of 2001, the Cooperative was a party/respondent and by order dated 4th May, 2007 the Co-operative has been added as a party/respondent in the instant writ petition. 2a. In paragraphs 6, 7, 8, 9 and 10 of the writ petition it has been stated that the Cooperative runs a chain of consumer stores. The Kolkata Port Trust is not in any way, connected in running the said stores. It has no knowledge of the membership of the Cooperative or the identity of its employees. The Co-operative is the employer of the said workmen and the appointment of the workmen is the sole prerogative of the Cooperative which also governs the conditions of service. 2. 5. S. K. Vennas case on which the Union seeks to rely, has been declared as per incuriarn in AIR 1994 SC 2608 , AIR 2004 SC 1478 . AIR 2005 SC 1050 . The workers sought to be absorbed belong to the Co-operative and it is necessary that the same be added as party, hence the instant application has been filed for setting aside the order dated 20th February, 2007. (3) UNIONs Case 3. 1 Counsel for the Union submits that at no stage was a prayer made to make the Cooperative a party since 1996 and for the first time in 2005 such an application was made. In 2004 when the order of reference was made no letter was written to the Central Government to make the Co-operative a party. At the conciliation stage also no request was made to call the Co-operative for settlement of the matters. The order dated 29th July, 2004 has been accepted and no appeal has been filed therefrom. The application for addition of parties is nothing but an afterthought and intended to delay the proceeding. 3. 2 Section 2 (a) of the 1947 Act defines "appropriate Government" and in the instant case it is the Central Government. Section 2 (k) deals with "industrial disputes" between an employer and its workman or workmen and workmen. Section 10 (2a) of the 1947 Act deals with the time within which the proceeding are to be completed. 3. 3. 2 Section 2 (a) of the 1947 Act defines "appropriate Government" and in the instant case it is the Central Government. Section 2 (k) deals with "industrial disputes" between an employer and its workman or workmen and workmen. Section 10 (2a) of the 1947 Act deals with the time within which the proceeding are to be completed. 3. 3 The first stage of an industrial dispute is to effect a conciliation and in case of failure, make a reference under section 12 (5) of the 1947 Act. Thereafter it is the appropriate Government who makes the order of reference, in the instant case being the Central Government. The Co-operative has been registered under the West Bengal Co-operative Societies Act and in respect of a dispute involving the said Co-operative the appropriate Government will be the State Government. The Co-operative is neither an employer nor a workman. It is Kolkata Port Trust which has been identified as the employer and the workers of the Co-operative have been identified as the workman. In a fit case a party can be added, and there is no dispute with the proposition laid down in air 1964 SC 1746 but the same has no application in the instant case, as the union is seeking absorption of the workers of the Co-operative in the establishment of Kolkata Port Trust. Any evidence needed will be produced by the Union. An industrial dispute exists between an employer and the workman and the Co-operative is not the employer of the workman. 3. 4 The preliminary objection has been decided by the Tribunal and the same has been challenged in this writ petition. Such preliminary objection can also be challenged when the award is challenged on merit. For the said proposition reliance is placed on 1983 (4) SCC 293 , 1983 (4) SCC 214 , 2001 (3)CHN 153 and the AIR 2004 SC 3905 . (4) CONCLUSION 4. 1 Having considered the submissions of the parties I am not inclined to pass any order on this application for the following reasons. 4. 2 There is no dispute regarding the power of the Tribunal to add a necessary or proper party to the proceedings. 4. (4) CONCLUSION 4. 1 Having considered the submissions of the parties I am not inclined to pass any order on this application for the following reasons. 4. 2 There is no dispute regarding the power of the Tribunal to add a necessary or proper party to the proceedings. 4. 3 It is the workers of the Co-operative whose absorption is sought by the union and the reference is with regard to the said absorption, The case of the workman can always be canvassed by the Union who, in any event, has taken upon itself to seek the absorption of the said workers of the Co-operative. 4. 4 The Co-operative has not come to stake its claim as an employer and can always be summoned in case any information is needed. Kolkata Port Trust has been identified as the "employer" and the "workmen of the Co-operative" as "employees". The Cooperative is the intermediary. An attempt is made to delink the workmen from the Cooperative and to make them direct employees of Kolkata Port Trust. Therefore the presence of the Co-operative is not necessary for adjudication of the reference before the Tribunal, 4. 5 The issue regarding the workmen of the Co-operative and the Co-operative and/or KPT can always be examined after issuing summons for production of relevant documents by the Co-operative without necessarily adding it as a party respondent. It is nobodys case that KPT will not completely or adequately represent the case of the employer or the union, the case of the workmen. 4. 6 The test postulated in para 12 of AIR 1964 SC 1746 is-Is the addition of party necessary to make adjudication itself effective and enforceable? would the non-joinder of the Co-operative make the proceedings ineffective and unenforceable. The answer is no. Non-joinder of the Co-operative will not make the proceedings ineffective or unenforceable as the affected parties are the workmen of the Co-operative and KPT. 4. 7. The terms and conditions governing the service of the workmen of the co-operative can always be ascertained by summoning the Co-operative and calling for production of the relevant documents. 4. 8 For all the aforesaid reasons no order can be passed on this application. The same is accordingly dismissed. Appeal dismissed.