KOLHAPUR INSTITUTE OF TECHNOLOGY COLLEGE OF ENGINEERING, THROUGH ITS SECRETARY AND KOLHAPUR INSTITUTE OF TECHNOLOGY, COLLEGE OF ENGINEERING, THROUGH ITS PRINCIPAL Vs. SHRI DNYANDEO DATTATRAYA JONDHALEKAR

JUDGEMENT

(1.) THESE Revisions are arising out of a common order passed below Exh. 18 of Complaint (ULP) No. 389/99 and Exh. 14 of complaint (ULP) No. 119/2000, by the labour Court, Kolhapur, whereby original Complainants are allowed to amend their original Complaints. Respondent No. 1 of Revision 22/2001 filed Complaint (ULP) No. 389/99 on apprehension of termination, dismissal or his services by present Petitioners. Respondent No. 1 of Revision No. 23/2001 filed Complaint (ULP) No. 119/2000 with similar averments. Pending the Complaints, their services were terminated. They then filed applications for amendment of the Complaints and wished to challenge their termination orders. They contended that their termination/dismissal is subsequent cause of pending complaints and the prayed for amendment. Present Petitioners objected their applications contending that cause of action for earlier complaints and the amendment are different and, therefore, amendment cannot be allowed.

(2.) THE labour Court, on hearing both parties, observed that subsequent evidence need to be brought on record, the amendment will not cause prejudice and the Petitioner can very well put their case in additional written statement. Finally, it allowed both amendment applications by order dated 12th February 2001. The same is challenged in these revisions.

(3.) MY findings, on above points are as under: - -