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VIVEK AGARWAL
Dewas Bhopal Corridor Ltd – Appellant
Versus
Mukesh Chandravanshi – Respondent
JUDGMENT
1. This petition is filed being aggrieved of order dtd. 4/2/2019 (Annexure P/1) passed by the learned Presiding Officer, Labour Court no.2, Bhopal in Case no.7/2016/IDR whereby learned Labour Court allowed the application filed on behalf of the workman under Order 6 Rule 17 of CPC allowing him to withdraw the claim on the basis of the contentions put forth by the respondent, petitioner herein till their written statement.
2. Learned counsel for the petitioner submits that issues were framed on 22/2/2018, amendment application was filed on 4/10/2018 therefore, after framing of the issues, trial has since commenced, no application for amendment could have been allowed. He places reliance on the judgment of the Hon'ble Supreme Court in Vidyabai and others vs. Padmalatha and another, (2009)2 SCC 409. Reliance is also placed on a Division Bench's decision of this Court in Mankunwarbai w/o Shantilal Patidar vs. Vinod Kumar s/o Ramsukh Patidar and others, 2010 (4) MPLJ 643, wherein it is held that amendment of plaint cannot be allowed after the trial has commenced unless the Court comes to a conclusion that in spite of due diligence the parties could not raise the matter before th
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....
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 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 main legal point established is that the Industrial Court's power to permit amendment of the memo of revision petition is limited under section 44 of the MRTU & PULP act, and the statutory scheme....
Amendments to industrial dispute references are valid if the original reference remains unchanged, ensuring comprehensive adjudication.
In proceedings before the Labour Court, the concept of withdrawal of admission does not apply, and strict rules of pleadings under CPC are not applicable.
The central legal point established in the judgment is the limited power of the authority under Section 33(2)(b) of the Industrial Disputes Act, 1947 and the need for the employee to raise an industr....
Writ petitions against interlocutory orders of the Labour Court are not maintainable.
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