1 W.P.No.7018/11 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.7018 OF 2011. Subhash S/o Anantgir Gosavi, Age 59 years, Occ.Nil, R/o Flat No.302, Silver Gate, Sector-B, N-1. Codco, Aurangabad. ... Petitioner. Versus The Assistant General Manager, State Bank of India, Region IV, Regional Office, Aurangabad. ... Respondent. ... Mr.P.L.Shahane, advocate for the petitioner. Mr.Paithankar, advocate for the Respondent. ... CORAM : S.V.GANGAPURWALA,J. Date : 28.09.2011. ORAL JUDGMENT : 1. Heard. 2 W.P.No.7018/11 2. Rule. Rule returnable forthwith. With the consent of the parties, the petition is taken up for final hearing. 3. Reference IDA No.77/2007 is pending before the Labour Court. Earlier preliminary issues were decided after the parties led their evidence. 4. The finding on the same was set aside by this Court and the matter was remitted back. Thereafter, the present petitioner filed amendment application. The same came to be rejected. Aggrieved thereby, the present petition is filed. 5. With the assistance of the learned counsel for the respective parties, I have perused the impugned order. The application for amendment is rejected solely on the ground of proviso to Rule 17 of Order 6 of the C.P.C. No other factors are taken into consideration while adjudicating the said application. The provisions of C.P.C. would not be strictly 3 W.P.No.7018/11 applicable to the reference proceedings before the Labour Court. The Labour Court was required to consider all other factors such as the relevancy of the amendment application and the effect of the amendment sought in the proceedings. The application could not have been solely rejected on the ground of proviso to order 6 Rule 17 of the C.P.C., all other factors are also required to be considered by the Court. 6. In view of that the impugned order is quashed and set aside. The Labour Court shall consider the amendment application filed by the present petitioner afresh on its own merits. I have not considered the arguments advanced by the respective parties on merits of the amendment application. 7. Rule made absolute on above terms. No costs. (S.V.GANGAPURWALA,J.) asp/office/wp7018.11 4 W.P.No.7018/11