Bombay High CourtWP/4412/2019dismissedrule discharged

The Superintendent Engineer, Ehv O And M Circle, Amravati And Others v. Madan Shripat Sonone

2019-07-01Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp4412.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4412/2019 The Superintending Engineer, EHV O & M Circle, Old Power House, Dafrin Hospital Road, Amravati and others ..Vs..

Madan Shripat Sonone - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Sachin Zoting, Advocate for the petitioners. CORAM : Z.A. HAQ, J.

DATED : 1.7.2019.

Shri Kawish B. Dange, Advocate has put in appearance suo motu for the respondent / employee. In this petition, the employer has assailed the order passed by the Industrial Court by which the application filed by the respondent / employee seeking permission to amend the complaint is allowed. The complaint filed by the respondent / employee was earlier dismissed by the Industrial Court by order dated 28th September, 2016. This order, passed by the Industrial Court, was challenged by the respondent / employee before this Court in Writ Petition No.4/2017 which was allowed by judgment dated 3rd October, 2018. This Court remanded the matter to the Industrial Court granting liberty to the employee to file application praying for condonation of delay in filing complaint and also to amend the complaint. After remand, the respondent / employee had filed the application (Exh. No.U-21) seeking permission to amend the

2 wp4412.19 complaint to incorporate additional prayer clause. The Industrial Court has allowed the application observing that the additional prayer incorporated by the employee would be considered on merits while deciding the complaint. I find that the Industrial Court has properly and consciously exercised the jurisdiction and has not committed any error by allowing the application (Exh. No.U-21) filed by the employee and permitting the employee to incorporate the proposed amendment. Hence, I see no reason to interfere with the impugned order. The writ petition is dismissed. In the circumstances, the parties to bear their own costs. JUDGE Tambaskar.