LAWS(DLH)-2019-9-339

BHARAT SANCHAR NIGAM Vs. KRISHAN LAL YADAV

Decided On September 17, 2019
BHARAT SANCHAR NIGAM Appellant
V/S
Krishan Lal Yadav Respondents

JUDGEMENT

(1.) The present petition under Articles 226/ 227 of the Constitution of India assails the order dated 13.03.2019 passed by the learned Labour Court, New Delhi whereby the respondent/workman's application seeking permission to amend his claim statement dated 20.07.2012 has been allowed by permitting him to incorporate the following additional submissions:-

(2.) Learned counsel for the petitioner submits that the learned Labour Court, while passing the impugned order, has failed to appreciate that since evidence of the respondent/workman already stood concluded, any amendment of the claim statement at this belated stage would only cause further delay as it would result in the respondent seeking opportunity to lead evidence in support of the amended pleadings, thereby causing prejudice to the petitioner as it had already disclosed its defence by way of its reply to the original claim statement. He submits that the learned labour Court has failed to appreciate that no amendment ought to be permitted after such an inordinate delay of seven years from the date of filing of the original claim statement.

(3.) On the other hand, learned counsel for the respondent submits that the amendments proposed to be carried out in the claim statement by the respondent only serves the purpose of explaining the facts of the case and do not, in any manner, change the nature of the controversy involved. He further submits that the incorporation of these said additional facts will also not alter the issues already framed by the learned Labour Courts. He submits that, in any event, the workman/respondent will not seek to lead any fresh evidence after amending his claim statement and that, in these circumstances, no prejudice would be caused to the petitioner. He, therefore, prays that the writ petition be dismissed.