Maharashtra Rajya Vidyut Mandal Nivrutta Karmachari Sangh, Thr. President, Shri Ramnath S/O Shamman v. State Of Maharashtra, Through It Secretary, Department Of Industry, Energy And Labour, Mumbai And 4

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAW] No.2979 of 2018 in Writ Petition No.6950 of 2018 Maharashtra Rajya Vidyut Mandal Nivrutta Karmachari Sangh & others vs.

State of Maharashtra, through its Secretary, Department of Industry, Energy & Labour, Mumbai & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Gauri Venkatraman, Advocate for the Applicants/Petitioners. Mrs. Kalyani Deshpande, A.G.P. for Respondent No.1. Shri A.D. Mohgaonkar, Advocate for Respondent Nos.2 to 5.

CORAM

: S.B. SHUKRE & S.M. MODAK, JJ.

DATE : 22 nd JANUARY, 2019.

Heard the learned Counsel for the petitioners, learned A.G.P. for respondent No.1 and the learned Counsel for respondent Nos.2 to 5.

The learned A.G.P. submits that an appropriate order may be passed. The application has been strongly opposed by the learned Counsel for the remaining respondents contending that the proposed pleas are irrelevant and likely to change the nature of the petition.

As regards the relevancy of the proposed amendments, we are of the view that this is something, which could have to be decided while considering the petition at the final stage and not now.

wp.6950.18 2/2 As regards the other objection about the change in nature of the petition, we do not think it to be so, as these amendments do not run fundamentally contrary to what has been averred in the petition. It is a different matter that some additional reasons or facts are sought to be introduced, which have been presently viewed by respondent Nos.2 to 5 as irrelevant. But, for that reason, this application cannot be rejected.

The application is, therefore, allowed. The proposed amendments be carried out within one week from the date of the order. Copy of the amended application be then without any further lose of time furnished to the learned A.G.P. for respondent No.1 and the learned Counsel for the remaining respondents.

The respondents may file their respective replies within three weeks after the passage of first week from the date of the order. Stand over 20th of February, 2019.

Let the parties to take note that on the next date, if convenient to this Court, this matter would be taken up for final disposal at the admission stage. JUDGE JUDGE *sandesh