CITURGIA BIOCHEMICALS LTD Vs. RAMESHBHAI CHHANABHAI PATEL

JUDGEMENT

(1.) The petitioner has challenged three orders passed by the concerned Labour Court, Surat in Reference (L.C.S.) No. 217 of 1985 where under the concerned Labour Court has declined the request for amendment of the written statement which was made by the petitioner below exhibit-172 and the request for deciding preliminary issues made vide application at exhibit-174 vide order, both dated 8/2/2006 and the order dated 15/6/2006 where under the application at exhibit-207 for production of document by the workman was partly not permitted.

(2.) Shri. Shukla, learned counsel appearing for the petitioner submits that the challenge to the order dated 8/2/2006 of the Labour Court made below exhibit-174 is not pressed and therefore now this petition is confined to the challenge to the order dated 8/2/2006 passed in application exhibit-172 and the order dated 15/6/2006 passed in application exhibit 207 where under the prayer for amendment of the written statement is rejected, and production of document from the workman is partly rejected.

(3.) This Court heard counsel of the parties at length. The prayer in respect of amendment ought to have been allowed as the Labour Court is not correct in its view that the request was mere repetition. Smt. Pahwa learned counsel for the workman/respondent also could not effectively resist the prayer. More over allowing the amendment is not in any way going to prejudice the workman as the workman will have the right to place on record appropriate reply to the amended portion. In view of this the prayer in respect of amending written statement made vide exhibit-172 deserved to be accepted and is accordingly allowed.