1. This petition has been filed against the order passed by the Labour Court, Surat below application Exhibit-28 filed in Reference (LCS) No.167/1998 dated 13.06.2011 whereby, the said application was rejected.
2. The facts in brief are that the respondent herein was appointed as Clerk by the petitioner-Corporation on 29.04.1988 The petitioner found certain alleged financial irregularities in the discharge of duties by the respondent and therefore, he was suspended from duty, vide order dated 17.03.1998 and subsequently, was dismissed from service vide order dated 02.05.1998. Against the said action, the respondent raised a dispute, which culminated into a reference before the Labour Court, Surat. In the said proceeding, the petitioner filed its Reply vide Exhibit-10.
3. It is the case of the petitioner that subsequently the petitioner received some vital information pertaining to the case pending before the Labour Court and therefore, it preferred application Exhibit-28 seeking amendment / alteration in Exhibit-10. However, the said application came to be rejected by impugned order dated 13.06.2011. Hence, this petition.
4. Though served, none appears on behalf of the respondent. Having heard learned counsel for the petitioner, prima facie, it appears that the petitioner is in possession of some vital information relating to the alleged financial irregularity committed by the respondent. Considering the fact that public money is involved, in the fitness of things, it would be appropriate that the Labour Court looks into the documents which the petitioner is desirous to produce before it. The amendment sought could not be granted since it would change the nature of the case.
5. However, without amending the Reply Exhibit-10, the Labour Court, Surat shall confront the respondent with the documents that are proposed to be produced by the petitioner, vide application Exhibit-28, as and when he appears in the Witness Box and shall, thereafter, arrive at a conclusion, in accordance with law. The observations made by the Labour Court in the impugned order passed below application Exhibit-28 are tentative in nature and the Labour Court shall proceed further with the Reference from the stage it is pending. With the above observations, the petition stands disposed of. Rule is discharged. Direct service permitted.
(K.S.JHAVERI, J.) Pravin/*