ASHOK KUMAR Vs. P O

JUDGEMENT

(1.) This writ petition challenges Order dated 3.9.2001 passed by Industrial Tribunal by which the application filed by the petitioner-workman seeking amendment to Statement of Claim was disallowed.

(2.) The history of this case deserves to be noticed. On 20.5.1995, Industrial Tribunal had found flawed a domestic enquiry held by the respondent no.2 on the ground that the enquiry was not conducted validly and legally and was not in accordance with the principles of natural justice. The main grievance of the petitioner was that he was not served with the notice of the enquiry proceedings and he was not informed about the pendency thereof and hence he was disabled to take part in the disciplinary proceedings. This plea was earlier noticed and decided by a Division Bench of this Court in CW 4109 of 1995 on 23rd September, 1997 in a writ petition filed by the respondent No.2/Management while recording the following finding:-

(3.) Thus the above clear finding was recorded by the Division Bench of this Court while setting aside the earlier award in favour of the writ petitioner invalidating the domestic enquiry on findings that the petitioner was aware of the proceedings and chose to avoid it. By the present application, the petitioner-applicant has sought the following amendment to the Statement of Claim:-