In the High Court of Punjab and Haryana at Chandigarh
Civil Revision No. 5749 of 2009(O&M)
Date of Decision:October 07, 2009
Sudershan Singh
---Petitioner
versus
M/s Indian Airlines Pilots Co-operative
House Building Society Limited and another
---Respondents
Coram: HON'BLE MRS. JUSTICE SABINA
***
Present: Mr. Ashwani Bakshi, Advocate,
for the petitioner
***
SABINA, J.
Petitioner-Sudarshan Singh has filed this revision petition
under Article 227 of the Constitution of India for setting aside order dated
4.8.2009 passed by the Presiding Officer, Labour Court, Gurgaon
(Annexure P-4).
Petitioner has challenged the termination of his services w.e.f.
4.12.1998 by seeking a reference to the Labour Court. During the pendency
of the claim petition, the petitioner amended the statement of claim on
6.11.2007 and rectified the date of his appointment. Respondents in reply to
the amended statement of claim added preliminary objection Nos. 4 to 7
without seeking permission of the Court. When the said fact was brought to
the notice of the Court, the respondents moved an application for
Civil Revision No. 5749 of 2009(O&M) -2-
permission to amend the written statement by permitting them to add those
paras. Learned Labour Court while allowing the said application had held
that although the application has been filed at belated stage yet some
objections now sought to be taken had already been taken by the
respondents. The management had also taken the objection that it was not
an industry. The application was allowed subject to payment of Rs. 1000/-
as costs. Keeping in view the fact the lis between the parties would be
disposed of on merits if the parties are allowed to take all the relevant pleas
and the petitioner has been compensated with costs, no ground for
interference by this court is made out.
Accordingly, this petition is dismissed.
(SABINA)
JUDGE
October 07, 2009
PARAMJIT