B.V. WAGHMARE Vs. LANCER TRAVELS AND OTHERS

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the respondent.

(2.) Rule. By consent rule is made returnable forthwith and the matter is heard finally.

(3.) The case of the petitioner is that he was appointed by respondent No.1 as a peon in the year 1992. His case is that he came to be terminated, hence he raised a dispute which came to be referred to the III Labour Court, Pune. It was numbered as Reference (IDA) 223 of 1999. The statement of claim came to be filed on 23rd March, 2000. Written statement came to be filed by the respondents on 14th August, 2000. The petitioner preferred an application on 23rd November, 2005 to the Labour Court to amend paragraph 4 of the statement of claim regarding the date of termination. According to the petitioner, the date of termination was not 1st January, 1998 but it was 1st September, 1998. The Labour Court directed the petitioner to approach the government. Hence, the application was preferred by the petitioner before the Government on 17th October, 2006 for a change in the date of termination from 1st January, 1998 to 1st September, 1998 claiming that it was a typographical mistake. The application came to be rejected by order dated 23rd November, 2006 stating therein that it is alleged by the advocate that due to the typing mistake date of termination is mentioned 1.1.1998 but it should have been 1.9.1998, but after verification and after hearing the arguments of worker's advocate cannot be proved there is a typing mistake, therefore, it is not changed. This order has not been challenged by the petitioner.