06/03/2019   

Present:

Mr. A.L.Sharma, Counsel for  applicant.

Ms. F.D.Patel, Counsel for respondents.

1. MA No. 224/2017 & MA No. 323/2017 preferred by applicant are on anvil of hearing. MA No. 224/2017 is for condonation of delay occurred in filing of the OA and MA No. 323/2017 is for amendment in the O.A. Needless to say, that reply to the O.A. and rejoinder to said reply has already been filed.
2. As far MA No. 323/2017, preferred for amendment relates, it has been pleaded therein that respondents want to terminate the services of the applicant, who is serving under them on contract basis and therefore the OA against his termination has been preferred. That when this Tribunal did not pass any order qua interim relief in OA, applicant preferred SCA No. 9780/2017 on the file of Hon’ble High Court of Gujarat and Hon’ble High Court disposed of the said SCA on 16.6.2017 directing the Tribunal to continue ad interim relief granted earlier by Hon’ble High Court, on 10^th May, 2017 till the prayer of the applicant for interim reliefis considered by this Tribunal. The direction / observation of Hon’ble High Court has been reproduced verbatim in the MA for amendment and it has been asserted by the applicant  that order passed by the Hon’ble High Court in SCA could not be made part of the OA, as it is of date subsequent of filing of the OA and that it has become expedient to incorporate the same in pleading of OA and hence is present MA for amendment. It has been further pleaded in the M.A. that respondents have also passed order, on 9.5.2017 stating that the stay granted by Hon’ble High Court of Gujarat, Ahmedabad has now been vacated and accordingly, services of Mr. Ashish Chunawala, Research Assistant (the applicant) will be terminated and he will be relieved w.e.f. 11.05.2017 (A/N). It has been prayed that the applicant be allowed to amend the OA as per appended schedule and the schedule reveals that applicant wanted to add para 4.12 in the facts and para 6(a) after para 5 (6) in the ground. 
3. Learned Counsel for applicant while pressing the application urged that Order dated 9.5.2017 of the respondents shows that they taking benefit of vacating of stay order of Hon’ble High Court wants to terminate the service of the applicant and therefore the amendment is necessary. Request of amendmenthas been opposed to by the learned counsel for respondents submitting that amendment as has been prayed for is unwarranted and if the applicant is aggrieved by order dated 9.5.2017, only a fresh cause of action would lie and no amendment may be allowed.
4. Considered the submission. Before adjudicating the application on merits, it is significant to note the relief granted to the applicant, vide order dated 25.7.2018 which reflects “that Interim relief shall continue to be in operation in terms of protection granted by the Hon’ble High Court of Gujarat vide order dated 10.05.2017 in SCA No. 9780/2017.” The said interim relief is still in force. The order of Hon’ble High Court, reference of which has been made above, was passed when order of this Tribunal was silent about interim relief and applicant approached the Hon’ble High Court of Gujarat.There is no utility and significance of bringing in the pleadings of OA, the order of Hon’ble High Court passed in a proceeding initiated against interim order passed by the Tribunal in instant OA itself.
5. So far amendment sought relating to order dated 9.5.2017 relates, in proposed para 4.12 assertion of applicant himself is that order dated 9.5.2017 is infructuous one. Further in view of interim relief granted to the applicant, vide order dated 25.7.2018 (quoted above), and the factum that interim order is continuing grounds urged for amendment pales significance.
6. The MA for amendment, in view of situation discussed above is devoid of merit and therefore, deserve dismissal andaccordingly, M.A. No. 323/2017 for amendment is dismissed.
7. Pleadings in the OA are complete. Heard on the point of admission. The OA is admitted subject to legal pleas. In entirety of the matter MA for condonation of delay, meant to say MA No. 224/2017 shall be heard at the time of final hearing of the O.A Put up the OA for final hearing before the Division Bench as and when constituted and till then, the interim order already granted shall continue.