1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6755 OF 2008 JSL Structures Ltd. Earlier known as M/s. JSL Refractories Ltd. ..Petitioners. Vs. Dattatraya Laxman Kadlag ..Respondent. .... Mr. Rajesh Gehani with Mr. Mahendra Agavekar for the Petitioners. Mr. Bhavesh Parmar for the Respondent. ... CORAM: DR. D.Y. CHANDRACHUD, J. 6th October, 2008. P.C. : 1. Rule, made returnable forthwith. Counsel appearing for the Respondent waives service. By consent of the learned counsel, taken up for hearing and final disposal. 2. In a reference to adjudication filed before the Labour Court at Nashik, the workman had filed a statement of claim. The reference arises out of a claim for reinstatement. It appears that the original statement of claim was exceedingly brief. The 2 workman thereupon moved an application for substitution of the earlier statement of claim with a fresh statement of claim. The application was allowed by the impugned order dated 11th February, 2008. 3. Counsel appearing for the Petitioner submitted that under Rule 16-A of the Industrial Disputes (Bombay Rules) 1957, it was open to the Labour Court to allow an amendment to the statement of claim, but a fresh or substituted statement of claim could not have been filed. On the other hand Counsel appearing for the workman submitted that Rule 16A only deals with the question of amendment and would not preclude the Labour Court from permitting the substitution of the statement of claim particularly when, as in the present case, there is a finding that no new case was being made out. 4. In my view, the ends of justice would be served if in the exercise of the powers that are conferred upon this Court under Article 226 of the Constitution, the material which is sought to be 3 placed on the record by the workman is allowed to be pleaded and set up as and by way of an amendment to the original statement of claim. Both the learned counsel have assisted the Court in perusing the original statement of claim and the substituted statement of claim which was sought to be filed. There is no reason at this stage when the trial is still to take place, to reject the amendment as sought. This should be without prejudice to the right of the employer to file a written statement to the statement of claim as amended and subject to all questions including the delay, if any, being kept open. There shall be an order accordingly. The Petition is accordingly disposed of with a direction that the Respondent is permitted to amend the statement of claim in Reference (IDA) 15 of 2007 incorporating therein the pleadings which were sought to be adduced in the substituted statement of claim dated 29th January, 2008. The Petition shall stand disposed of in the aforesaid terms and the order of the Labour Court shall stand modified to that extent. There shall be no order as to costs. ***** 4