1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4983 OF 2009 (Suptd. Engineer, Upper Wardha Project Circle & Anr. vs. Pandurang Ramkrishnaji Pote & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DECEMBER 08, 2009. Shri Desai with Shri Patil, learned counsel for the petitioners and Shri Loney, learned AGP for the respondents. The petitioner – Department is challenging the order dated 06.10.2009 passed by the Industrial Court, Amravati, below Exh. 34, rejecting its prayer to carry out the amendment in written statement. The amendment has been rejected by giving reason that amendment as sought, changes the nature of pleading and causes prejudice to present respondents i.e. plaintiffs before the Industrial Court. The Industrial Court also noticed that amendment is sought almost after nine years and particularly after the respondent has filed his affidavit of examination-in-chief. The law on the point of amendment as contained in Order 6, Rule 17 of Civil Procedure Code and the judgment of the Hon’ble Apex Court in the case of Vidyabai & Ors. vs. Padmalatha & Anr., reported at 2009 (4) Mh.L.J. 30, are relied upon. 2 Shri Desai with Shri Patil, learned counsel for the petitioners has argued that merits of the amendment were irrelevant and the employer being State Government, the necessary documents in support of proposed amendment were to be produced. He, therefore, states that there is no question of fabrication of any document or improvement in story. It is his argument that the grievance in relation to promotion was made by the respondents almost after 7 years. Shri Loney, learned AGP states that reasons put forth for moving amendment belatedly are false because the advocate had already filed Vakalatnama and had conducted the proceedings for about six years after filing of Vakalatnama. He further states that the proposed amendment shows change in procedure for promotion but then that procedure is not applicable to the case of present respondents (original complainants). He further states that the effort is only to delay the election in complaint which is pending since 1998. After hearing parties, I am satisfied that the different standards applicable to the consideration of the application for amendment of plaint and written statement are lost sight of by the learned Member of Industrial Court. The employer being State Government wanted to bring on record the procedure which regulated the promotion and the said procedure is laid down in some documents. Those documents or resolutions cannot be fabricated and it is, therefore, at 3 the most an accidental slip on the part of the employer. The learned Member of Industrial Court, therefore, has erred in observing that it causes prejudices to present complainant before it. If the Government Resolutions were already in existence, there is no question of any prejudice to complainant merely because same are produced before the Industrial Court. However, it cannot be lost sight of that those resolutions or policy could have been produced before the Industrial Court well within time and the amendment is sought for at the fague end. The complainant, therefore, needs to be compensated by paying cost. Accordingly, the petitioner shall pay cost of Rs.3,000/- to complainant before the Industrial Court on or before 15th January 2010. If the costs are so paid, the learned Member of Industrial Court shall permit the petitioners to carry out amendment in their written statement. After payment of cost, the order dated 06.10.2009 shall stand quashed and set aside. The complainant shall thereafter be free to carry out consequential amendment in his complaint, if any, by 31.01.2010. The proceedings in Complaint ULP No. 608 of 1998 are expedited and the learned Member of Industrial Court to attempt to decide it finally as early as possible and in any case by 30th June 2010. Writ Petition is disposed of. Rule accordingly. JUDGE *GS.