1 mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, CIVIL JURISDICTION LETTERS PATENT APPEAL NO.14 OF 2005 IN WRIT PETITION NO.8577 OF 2004 WITH CIVIL APPLICATION NO.4 OF 2005 N.R.C. Employees ..Appellant Vs. N.R.C. Limited ..Respondents Mrs. Meena H. Doshi, for the Appellant. Mr. P.K. Rele, Senior Advocate with Mr. Piyush Shah, for the Respondent. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : 27TH NOVEMBER, 2009 P.C. In a complaint pending before the Industrial Tribunal in a matter pertaining to notice of change the employer sought to amend their statement to contend that though initially they had set out that the number of workmen likely to be affected would be 366 on consideration they found that it will affect adversely 2 only 181 workmen as according to them certain category of staff as set out therein would not fall within the definition of workmen. 2. The learned Tribunal rejected the said amendment. Against that order a petition came to be filed in this Court which was allowed by the learned Single Judge against which the present Appeal. 3. In our opinion the only issue in the matter of amendment which the Court must address itself is (1) whether the cause of action would be altered; (2) whether the nature of the suit would change; and (3) is barred by limitation. In the instant case amendment is not barred by any of the above three predicates and as such we do not find any error of law committed by the learned Single Judge to warrant interference in the exercise of our extra ordinary jurisdiction. 4. We however, make it clear that it seeks that it is the management which is resiling its earlier stand that it is not 366 workmen and 181 persons which will be adversely affected as others belong to category of non- 3 workmen. The burden would be upon the management to show that they do not fall within the category. It will be open to the Union in the event such evidence is led to lead evidence to the contrary. With the above observations Appeal disposed of. As the L.P.A. is disposed off nothing survives in the Civil Application, which is accordingly disposed off. (J.H. BHATIA, J.) (FERDINO I.REBELLO,J.)