MIRC ELECTRONICS LIMITED Vs. SHASHANK GUPTA

JUDGEMENT

(1.) THE writ petition was filed impugning the order dated 1 st March, 2011 of the Industrial Adjudicator dismissing the application of the employer for amendment of the reply/written statement. Notice of the writ petition was issued on 2 nd May, 2011 for today on the condition that the proceedings underway before the Industrial Adjudicator will not be held up for this reason of pendency of this writ petition and no date shall be taken before the Industrial Adjudicator on the ground of pendency of this petition.

(2.) CONTEMPT petition has been filed by the workman on the ground that notwithstanding the direction to the employer not to take adjournment before the Industrial Adjudicator, on 4th May, 2011 when the matter was listed before the Industrial Adjudicator, adjournment was taken on the ground of the pendency of the present writ petition.

(3.) ON enquiry, the senior counsel for the employer states that the amendments claimed are threefold; firstly qua the territorial jurisdiction, with the submission being that the employment was at Noida and hence the Government of National Capital Territorial of Delhi would not be the appropriate government to make reference; secondly that the factory at Noida where the workman was employed has been closed down and lastly that an option had been given to the workman to join at the alternative factory of the employer at Thane, Maharashtra.