1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C. A. W. NO. 2018 OF 2010 IN WRIT PETITION NO. 4218 OF 2000 Bank of Maharashtra thr its Regional Office Nagpur Vs. Central Government Industrial Tribunal Nagpur & Ano. ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Mr. A. M. Ghare Adv for petitioner. Mr. S. K. Verma Adv for respondent-2. CORAM: K. U. CHANDIWAL J. DATED: 26 th JULY, 2010. Heard. Writ petitioner desires to carry amendment as demonstrated in para 2 of the petition to be added as para 19A and 19B in the Writ Petition. 2. Such move of the writ petitioner is criticized, challenged by the respondent -employee informing that the employee has reached a stage of superannuation, approach of the Management is to sabotage benefits that the employee is to receive. 2 Learned counsel for the employees also dealt with judgment of the Apex Court in the matter of Central Bank of India Vs. Central Government Industrial Tribunal-cum-labour Court & Another (BCR 2003(6) 771). 3. Though both the counsel vigorously dealt with the rival submissions about eligibility and merits of the order, and in particular in context of the above referred judgment, however for this Court the scope is very limited. As this Court is called upon to decide the amendment application, this Court is not required to divulge upon ultimate merits of the writ petition or correctness of the order under challenge. 4. The amendment as proposed would not change the said controversy, it may be that the subsequent judgment of the Apex Court mandates framing of the preliminary issue. However, if the parties litigating during the course of their submission at the final stage indicate that there was slumber on the part of the petitioner in attending the matter diligently or raising the requisite points, it is for the 3 parties to do so. For the present, amendment will not cause any prejudice to the respondent. It will allow petitioner to deal with the legal position in contemplation. 5. Respondents apprehension that the matter will be dragged for years together need not be entertained without any occasion. Necessary precaution will be taken by Court while disposing the petition. 6. Application allowed. Amendment be carried out within 15 days. Petitioner-bank to pay costs of Rs. 5000/- to the respondent-employee. Any response to be filed, to be done within next one week after amendment. JUDGE svk 4