- (1.) This revision petition is directed against the orders dated 23.02.2001 (Annexures P-5 and P-6) by which applications filed by the petitioner for amendment of the written statement as well as for leading evidence to prove that respondent no.2 is gainfully employed, have been declined.
(2.) In brief, respondent no.2 was employed as a Helper with the petitioner initially from 01.05.1987 to 31.03.1989. Thereafter, he resigned from his job and was re-employed on 01.09.1989 and worked upto 27.09.1992. He has been recorded "absent" till 30.04.1993 in the muster roll of the petitioner. However, respondent no.2 had alleged that his services were terminated without resorting to the provisions of Section 25-F of the Industrial Disputes Act, 1947 (here-in-after referred to as the "Act"), as a result thereof, he raised a demand notice under Section 10 of the Act.
(3.) The reconciliation proceedings failed and, ultimately, the matter was sent to the Labour Court for its adjudication on merits. The petitioner, who is basically the defendant before the Labour Court, filed its written statement in which it is alleged that after abandoning the job of the petitioner, respondent no.2-workman remained gainfully employed and is thus not entitled to any financial benefits.;