This court dismissed a writ petition challenging an order permitting the respondent union to amend its statement of claim. The court held that no interference was warranted as the opposite party was not prejudiced.
None; the petition was rejected, upholding the Industrial Tribunal's order.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5318 OF 2007
Sangli Miraj Kupwad Cities
Municipal Corporation, Sangli & anr. ... Petitioners
V/s.
Mahapalika Kamgar Sabha, Sangli ... Respondent
Mr.N.V. Walawalkar for Petitioner
CORAM: SMT.NISHITAMHATRE, J.
DATED: OCTOBER 30, 2007
P.C.:
. The petitioners have challenged the order dated
15.1.2007 whereby the respondent union has been
permitted to amend its statement of claim. The
amendment which the union has sought is to incorporate a
pleading to support its contention that the workmen
listed in the order of Reference at Demand No.8 should
be made permanent.
2. Although Mr.Walawalkar, the learned Counsel
appearing for the Petitioners, vehemently argued in
support of his contentions, in my view, the amendment
application has rightly been permitted by the Industrial
Tribunal and there is no need to interfere with the
order passed by it. The petitioners have been permitted
to file their reply to the amended statement of claim
and, therefore, no prejudice would be caused to them, as
rightly observed by the Tribunal.
3. Petition rejected.
1 issue framed by the court
Whether the impugned order permitting the respondent union to amend its statement of claim should be interfered with.
Sangli Miraj Kupwad Cities Municipal Corporation & anr.
Mahapalika Kamgar Sabha
Nishita Mhatre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court