LAWS(ALL)-1983-8-32

ALLAHABAD PATRIKA PVT LTD Vs. LABOUR COURT

Decided On August 09, 1983
Allahabad Patrika Pvt Ltd Appellant
V/S
LABOUR COURT Respondents

JUDGEMENT

(1.) With the consent of the learned Counsel for the parties, this petition is being disposed of finally. 1. This petition is directed against an order passed by the Labour Court, Allahabad refusing to accept an additional written statement on the ground that there was no provision of law under which additional written statement could be permitted to be filed at that stage.

(2.) LEARNED Counsel contends that the aforesaid order is manifestly unsustainable in law, inasmuch as, under Rule 12(1)(e) of the U.P. Industrial Disputes Act, 1957, the Labour Court is expressly empowered to allow an amendment of die written statement at any stage of the proceedings where it considers it necessary to do so in the interest of justice for the purpose of determining the real issue.

(3.) THE above provision is quite clear on the point. It confers specific powers on the Labour Court to allow amendments of the pleadings at any stage subject of course to the conditions mentioned in Clause (e) of Rule 12(1). The Labour Court was hence not right in thinking that it had no power to allow the additional written statement which the petitioner sought to file.