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High Court Of ChhattisgarhWPL/154/2015disposed off

Subhash Pal v. Punit Ram Sahu

2015-12-07Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (L) No. 154 of 2015 Subhash Pal S/o Mr. B. D. Pal, Aged About 38 Years R/o Near Raman Mandir, Fafadih, Tehsil And District Raipur (Chhattisgarh) ---- Petitioner

Versus

1. Punit Ram Sahu S/o Sitaram Sahu, Aged About 47 Years

2. Smt. Bismat Bai, W/o Mr. Punit Ram, Aged About 43 Years Both 1 and 2 resident of Village Kanji, P. O. Amera, P. S. Baloda Bazar, Tehsil And District Baloda Bazar (Chhattisgarh)

3. Vinod Andaani, S/o Late Narsih Das Andaani, R/o Mahaveer Nagar, Guru Tegbahadur Nagar, H. No. K-4, New Rajendra Nagar, Tehsil And District Raipur (Chhattisgarh)

4. J. B. Mol Through Operator Owner Raja Bhaiya Janghel, M. G. Road, Near Gurunanak Chowk, Raipur, Tehsil And District Raipur (Chhattisgarh) ---- Respondents For Petitioner : Shri Raza Ali, Advocate.

For Respondents : None.

Hon'ble Shri Sanjay K. Agrawal, J.

Order on Board 07/12/2015 1.

Challenge in this petition is to the order dated 20.07.2015 passed by the learned Labour Court whereby the application filed by respondent No. 1 and 2 herein (Applicants before the Labour Court) for amending their claim under the provisions of Workmen Compensation Act, 1923 has been allowed and further the amendment has been incorporated. 2.

The petitioner, who was non-applicant No. 2 before the Labour Court has filed the present writ petition stating inter alia that the amendment has been allowed without hearing him and that changes the nature of the

liability. It is submitted that the petitioner has been duly noticed in the Labour Court, however, he remained absent on the day when the application for amendment came to be considered and allowed. 3.

Heard learned counsel for the petitioner.

4.

So far as merits of the amendment application is concerned, the petitioner is allowed to file additional reply to the amendment within four weeks from today before the Labour Court. If any such additional reply is filed, the Labour Court shall consider the same and if additional issues are required to be framed, the same may be framed and the case may be proceeded thereafter in accordance with law.

5.

With the aforesaid observations and directions, the writ petition is disposed of.

6.

No order as to costs.

Sd/- (Sanjay K. Agrawal) JUDGE Subbu