Case Note & Summary
The petitioners, Rashtrasant Tukdoji Maharaj Technical and Educational Society and another, challenged an order dated 16/09/2019 passed by the Industrial Court at Nagpur, which rejected their application at Exhibit-30 seeking amendment of the memo of revision petition. The Industrial Court held that while exercising revisional jurisdiction under Section 44 of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act), it does not have the power to permit amendment of the memo of revision petition. The respondent Nos.1 and 2 had filed a complaint under the MRTU & PULP Act before the Labour Court, alleging wrongful termination of their services in violation of Sections 25F and 25G of the Industrial Disputes Act, 1947. The Labour Court allowed the complaint, and the petitioners filed a revision petition before the Industrial Court. During the pendency of the revision, the petitioners sought to amend the memo of revision to incorporate additional grounds, which was rejected by the Industrial Court. The High Court examined the scope of revisional jurisdiction under Section 44 of the MRTU & PULP Act and held that the Industrial Court has the power to permit amendment of the memo of revision petition. The Court reasoned that the power to allow amendment is inherent in the exercise of revisional jurisdiction, as it enables the court to effectively adjudicate the dispute and do complete justice between the parties. The High Court set aside the impugned order and allowed the amendment application, directing the Industrial Court to proceed with the revision petition on merits.
Headnote
A) Industrial Law - Revisional Jurisdiction - Amendment of Revision Petition - Section 44 of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 - The Industrial Court has the power to permit amendment of the memo of revision petition while exercising revisional jurisdiction under Section 44 of the MRTU & PULP Act, as the power to allow amendment is inherent in the exercise of such jurisdiction. The impugned order rejecting the amendment application was set aside. (Paras 3-13)
Issue of Consideration
Whether the Industrial Court, while exercising revisional jurisdiction under Section 44 of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971, has the power to permit amendment of the memo of revision petition.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 16/09/2019 passed by the Industrial Court, and allowed the amendment application at Exhibit-30. The Industrial Court was directed to proceed with the revision petition on merits.
Law Points
- Amendment of pleadings
- Revisional jurisdiction
- Inherent power
- Section 44 MRTU & PULP Act
- Industrial Court
