2008 (4) AIR Bom R 291

Bombay High Court

Hon'ble Judge(s): Nishita Mhatre , J

( A ) Industrial Disputes Act (14 of 1947) S. 33 -C (2) — Industrial Disputes (Bombay) Rules (1957), R. 16A — Amendment of claim — Permissible if amendment sought is necessary for determining real issues before Labour Court or Tribunal — Failure by Labour Court to decide amendment application for many years — Not proper.Rule 16A of the Industrial Disputes (Bombay) Rules empowers the Labour Court or the Tribunal to permit the parties to amend their statement of claim or written statement if the amendment sought is necessary for the purpose of determining the real issues before it. Besides, the procedure which is required to be followed by the Labour Court or the Industrial Court in deciding the disputes or claims under the Industrial Disputes Act is contained in Section 11 of the Act. Only certain provisions of the CPC have been made applicable to the proceedings before the Labour Court/Industrial Tribunal such as - (a) enforcing the attendance of any person and examining him on oath, (b) compelling the production of documents and material objects, (c) issuing commissions for the examination of witnesses. In the present case, the amendment application ought to have been considered by the Labour Court from 1993 onwards. There is no reason why this amendment application has not been decided by the Labour Court for all these years. (Paras5).....