ARMY PUBLIC SCHOOL Vs. RAMDHAN SHARMA

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution challenges the order dated 31.5.2012 whereby application for amendment preferred by the petitioner/employer is rejected by the Labour Court.

(2.) The services of the respondent were terminated by the petitioner Army Public School. The respondent raised an industrial dispute which, in turn, was referred to the Labour Court by the State Government. The respondent filed its statement of claim before the Labour Court. In turn, the employer filed his written statement. Thereafter, when matter was at the stage of evidence, the employer filed an application under Order 6 Rule 17 CPC (Annexure P-8) on 25.12.2011. It was opposed by workman by filing reply. By impugned order, the said application is rejected.

(3.) The Labour Court rejected the application by holding that the amendment is filed after commencement of trial and, therefore, it cannot be allowed. It is further held that if averments of amendment application are accepted, it will change the nature of the case. The present dispute is sent by M.P. Government and if amendment is accepted, the appropriate Government will be Central Government. Thus, acceptance of amendment will result into automatic cancellation of reference. Thus, in the opinion of Labour Court, it amounts to change of nature of the case which cannot be allowed.