( 1 ) THOUGH a short, but of far-reaching consequence question, has arisen in the instant appeal which has come before us at the instance of the management against the order of a learned single Judge of this Court in W. P. No. 16832 of 1994, to the effect that the petitioner seeking amendment of the counter in proceeding on reference of an Industrial dispute under Section 2 (A) (2) of the industrial Disputes Act, 1947, to raise additional plea that the management cannot repose confidence in the workman in view of his subversive and negligent activities cannot be permitted as, "no charge memo was served on the first respondent (employer) (sic. employee) that the petitioner (employee) (sic. employer) had lost confidence; that the first respondent was not made known that his conduct amounts to subversive activities and negligent of duties; and that there was also no enquiry and as such, he had no opportunity to meet said charges in the domestic enquiry, the petition is also a belated one and no reasons are forthcoming and the said ground was not taken earlier, and therefore, the same cannot be permitted to be pleaded for the first time in labour Court. The view taken by the labour Cou

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