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C. M. POONACHA
Chandrashekar, S/o. Late Nanjappa – Appellant
Versus
K. A. Srinivasan – Respondent
ORDER :
The above Writ Petition is filed challenging the order dated 21.9.2021 passed on I.A.No.3 in Application No.18/2019 by the II Additional Labour Court, Bengaluru (hereinafter referred to as the ‘Labour Court’).
2. It is the case of the Petitioner, who appears as party-in-person that, he was employed with a company managed by the Respondents under the name and style M/s Amagi Media Pvt. Ltd., from 5.8.2010. That he tendered his resignation in the month of November, 2015 giving three months’ notice period from 1.11.2015 to 31.1.2016 and he was issued relieving letter on 1.2.2016.
3. On 19.4.2017 the Petitioner filed Application No.8/2017 (renumbered as 18/2019) under Section 33(C)(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'ID Act') against the Respondents before the Labour Court seeking for the following reliefs :
(b) To
The court upheld the dismissal of an amendment application in industrial dispute proceedings, ruling that proposed changes were repetitive and did not introduce new claims, affirming the Labour Court....
The court established that amendments to pleadings in Labour Court proceedings should be allowed liberally to serve the interests of justice, even if procedural errors occur.
The proposed amendment was necessary for determining the real controversy between the parties, and strict principles of interpretation cannot be applied in a jurisdiction exercise under the Industria....
Clarificatory amendments post-final arguments allowable without strict due diligence proof if necessary for real controversy adjudication, no prejudice caused, prioritizing liberal approach under Ord....
Amendments to pleadings under Order 6, Rule 17 CPC should be liberally allowed unless they cause serious injustice or change the nature of the suit.
Amendments to the plaint may be allowed if necessitated by subsequent developments, are necessary for effective adjudication of the controversy, and do not completely change the nature of the suit.
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