Order Date: 21.05.2024  .

The  M.A. case being No.  97/2023 is taken up for passing order.

On 08.08.2023 the complainant has filed a petition supported by an affidavit stating that the complainant came to know to add the Finance Department, Govt. of West Bengal as a party to this case  for adjudication of the contention of the parties and for avoiding future complication Finance Department , Govt. of West Bengal,  will be added in the instant suit otherwise the complainant will  be seriously prejudiced and much complication will arise and prays for passing necessary order adding the Finance Department, Govt. of West Bengal as a necessary party for proper adjudication of this case.

Ld. Advocate for the complainant files two judgments passed by the Hon’ble N.C.D.R.C. New Delhi in Appeal Execution No. 22 of 2016 and R.P.A. No. 587 of 1996.

The Ld. Advocate for the OPs raised objection against the said M.A. case stating that the said petition is barred under the principles of estoppel, waiver and acquiescence and is not maintainable under the present form and character. It is further stated that the complainant sought to add party but the complainant has to file fresh complaint against the service provider, if law so permits and as such this petition so filed by the complainant is not maintainable at this time frame. It is pertinent to mention here that by filing a petition to add necessary parties by the complainant at this time when the case is posted for argument won’t justify the present case as

                                                                                                   Contd. ……..P/2.

 against these OPs. The complaint case so filed is not sustainable as against these OPs as the complainant is only an Ex employer of these Ops. The Finance Depart, Govt of West Bengal, is directly involved as a sanctioning authority of the alleged scheme. Complaint lies against said Finance Department only. In such view of the fact as these OPs are not the service provider and as such the present case and the instant petition for addition of parties should be dismissed with costs.

 Perused carefully the petition dt. 08.08.2023 filed by the complainant, two decisions submitted by the complainant and the W/O filed by the Ops against the said M.A. case.

It appears that the complainant has already adduced evidence-on-affidavit and the Ops have also adduced evidence in this case.  The case is running at the stage of Argument.  At this belated stage, during the time of argument, the complainant filed this petition on 08.08.2023 for amendment of the Cause Title of the complaint by impleading the Finance Department, Govt. of West Bengal as a party. After commencement of trial, no amendment can be allowed. So, the Commission is not in a position to entertain the prayer of the complainant at this stage. 

Under the above facts and circumstance, the prayer for amendment cannot be allowed.

Hence,

                                                ORDERED

That the prayer for amendment , as sought by the complainant,  is hereby rejected on contest but without any cost.

M.A. case being No. 97/2023 is thus disposed of .

Let a copy of this order be given to the parties on free of cost.                        

      Member                                                                                                        President-in-Charge.

D.C.D.R.C. Purbo Bardhaman.                                                                         D.C.D.R.C., Purbo Bardhaman .