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2009 Supreme(Del) 651

AJIT PRAKASH SHAH, NEERAJ KISHAN KAUL
SATISH SACHIV BABA BELDAR – Appellant
Versus
MANAGEMENT OF ALL INDIA CENTRAL PWD (M. R. D. ) – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Ms. Deepali Gupta, Advocate.
For the Respondent:Mr. Sewa Ram, Advocate.

ORDER

1. The appellant is aggrieved by the impugned order dated 30.3.2009. It is the case of the appellant (original petitioner in the writ petition) that an amendment to the statement of claim was wrongly rejected by the Labour Court. As per the appellant/workman, he was actually appointed in the year 1980 and, therefore, wanted to amend his statement of claim so as to give the date of appointment as 23.9.1980. While in the statement of claim he had stated that his date of confirmation is 30.3.1991. The Labour Court rejected the petitioners application for amendment of his statement of claim. Consequently, a writ petition was filed challenging the said rejection.

2. The learned Single Judge vide the impugned order has upheld the order of the Labour Court primarily on the ground that the appellant was unable to show that the factum of his being aware of his date of appointment being 23.9.1980 was not known to him. As per the learned Single Judge if this fact was known to the appellant he ought to have pleaded it in his statement of claim which he had failed to do. Since the appellant had put a specific date of 30.3.1991 when he was appointed, therefore, as per the learned Single Jud









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