1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 410/2010 IN WRIT PETITION NO. 1592/2009 NAVNIT KUMAR RAMNATHPRASAD DWIVEDI VS. FOSECO INDIA LTD. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Petitioner in person Shri P.N.Khadgi, Advocate, for respondent. CORAM : B.P. DHARMADHIKARI, J. DATED : FEBRUARY 08, 2010. I have heard Shri Dwivedi, petitioner in person, for about two days. During the arguments, he also raised a contention that his status as workman under Industrial Disputes Act needs to be examined separately and his status as employee under the Bombay Shops and Establishments Act cannot be disputed. According to him, in view of this position, violation of mandatory requirement of Bombay Shops and Establishments Act entitles him to relief of declaration of continuation in service with all consequential benefits. He, therefore, had argued that even if entire controversy in relation to application of Industrial Disputes Act to him is ignored, still in this situation, because of the admitted or proved violation of Bombay Shops and Establishments Act, this court can issue a writ directly to his employer for necessary benefits. Today, he has come up with C.A.No. 410/2010, 2 seeking leave to amend the petition to add necessary changes and to urge that he is entitled to such relief. He has also cited some judgments for that purpose. Advocate Khadgi appearing for respondent- employer stats that respondent-employer has no objection if amendment is allowed, but then opportunity should be given to meet the contentions sought to be added therein. It is apparent that if on account of violation of any statutory provision, direct writ is being sought against the employer, the matter has to be placed before the Hon'ble Division Bench. However, looking to the circumstances and in the interest of justice, amendment is allowed. Necessary amendment to be carried out by 11th February, 2010. The respondent can file necessary consequential amendment/reply by 25th February, 2010. List the matter thereafter before appropriate Bench. JUDGE Rvjalit.