SCALERA, District Judge.
This is a Title VII Civil Rights action in which plaintiff, Gyula Fekete, a native of Hungary, alleges he was discriminated against while employed by defendant, United States Steel Corporation, by reason of his national origin. He avers he was discriminatorily discharged and that before and after his discharge he was discriminated against with respect to the compensation, terms, conditions and privileges of his employment.
Plaintiff was discharged from his employment on October 21, 1967. On July 18, 1968, he was reinstated with full back pay as a result of an arbitration decision, on grounds that he had not been sufficiently warned that past derelictions in his work would be considered in later disciplinary proceedings.
While arbitration proceedings related to the discharge were pending, plaintiff filed a charge with the Equal Employment Opportunity Commission (EEOC) on January 12, 1968, alleging that he had been discriminated against by his employer due to his national origin.
The EEOC referred plaintiff's complaint to the Pennsylvania State Human Relations Commission pursuant to Section 706 of the Civil Rights Act. On May 21, 1968, after investigation and review, the Pennsylvania Commission found that no probable cause existed for crediting the allegations of the complaint.
The EEOC then conducted its own investigation of the charges and on September 30, 1968, found that reasonable cause did not exist to believe respondent was in violation of Title VII of the Civil Rights Act. The plaintiff, Mr. Fekete, was notified of the Commission's decision by letter dated October 17, 1968.
This complaint was filed on November 21, 1968. On June 11, 1969, Judge Gerald J. Weber 300 F. Supp. 22 granted defendant's motion to dismiss the complaint on grounds that the district court lacks jurisdiction to entertain a complaint alleging discrimination in employment when the EEOC finds there is no reasonable cause to believe discrimination has occurred.
The court also found that since the only specific relief authorized for unlawful discrimination under Title VII is reinstatement with back pay, which plaintiff had received by virtue of his arbitration award, his claim for relief based upon an alleged discriminatory discharge was moot and should be dismissed.
The United States Court of Appeals for the Third Circuit 424 F.2d 331 on April 13, 1970 reversed this decision, holding that appellant was entitled to maintain an action for alleged employment discrimination due to his national origin, even though the EEOC found that reasonable cause did not exist to believe that the employer was in violation of the Civil Rights Act of 1964. The Court of Appeals also held that the action had not been rendered moot by the arbitration award since plaintiff's complaint sought an injunction against an alleged continuing course of conduct not remedied by plaintiff's reinstatement to his job with back pay. The case was remanded to this court for further proceeding consistent with the decision.
On August 20, 1970, Judge Weber stayed further pretrial procedure for one year on representation that plaintiff was in such poor health that he was unable to prepare for trial. Pretrial procedure was reinstated by order of court dated September 23, 1971, and on July 10, 1972, a pretrial conference was held.
On July 19, 1972, plaintiff filed a motion for leave to amend and supplement the complaint, in which plaintiff requested that he be permitted to change his request for relief from a request for an injunction against further discrimination to a request for money damages. Plaintiff moved to strike subparagraphs (b) and (c) of paragraph 9 of the original complaint which requested the court to:
b. Enjoin defendant from engaging in unlawful employment practices and, particularly, from discriminating against plaintiff by reason of his nationality as to his compensation, terms, conditions and privileges of employment;
c. Grant such affirmative relief, including money damages, as to the court shall seem appropriate;