Case Note & Summary
The case arises from a complaint filed by the workman (respondent no.1) under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act), challenging his termination from service. The workman claimed he joined the petitioner-company as an Operator on daily wages with effect from 18.02.1986. The petitioner-employer filed a written statement on 25.09.1992, admitting in paragraph 1 that the workman had joined services on 18.02.1986. The trial proceeded for several years, and at the fag end, on 03.09.1998, just before arguments were to be heard, the employer moved an application seeking to amend the written statement. The proposed amendment sought to substitute the admission with a statement that the workman joined services from January 1988. The Labour Court rejected the application by an order passed on the same day, observing that the employer had admitted the date of employment and the amendment was an attempt to withdraw that admission. Aggrieved, the employer filed the present writ petition. The High Court examined the impugned order and noted that the amendment was sought at a very late stage, after the trial had concluded, and would cause prejudice to the workman. The Court held that an admission made in the written statement cannot be allowed to be withdrawn at the fag end of the trial, especially when the opposite party would be prejudiced. The Court found no error in the Labour Court's order and dismissed the petition, upholding the rejection of the amendment application.
Headnote
A) Civil Procedure - Amendment of Pleadings - Withdrawal of Admission - Order 6 Rule 17 CPC - Admission made in written statement cannot be allowed to be withdrawn at the fag end of trial when the opposite party would be prejudiced - The employer admitted the workman's date of joining as 18.02.1986 in the written statement filed in 1992, and sought to amend it in 1998 to claim that the workman joined in January 1988 - Held that the amendment was rightly rejected as it would cause prejudice and was an attempt to wriggle out of an admission (Paras 2-3).
Issue of Consideration
Whether the Labour Court was justified in rejecting the employer's application for amendment of the written statement seeking to withdraw an admission regarding the date of employment of the workman.
Final Decision
The High Court dismissed the writ petition, upholding the Labour Court's order rejecting the amendment application.
Law Points
- Amendment of pleadings
- Admission cannot be withdrawn
- Fag end of trial
- Prejudice to opposite party
- Section 28 MRTU & PULP Act
