Indian Petrochemicals Corpn. Ltd. & Anr. Vs. Shramik Sena & Ors.
EmailAppeal: Civil Appeal No. 1854 of 1998
(With appln. for exemption from filing c/c of the impugned judg-ment)
(With CA 1855/98, 1099/99)
(With appln. for exemption from filing c/c of the impugned judg-ment)
(With CA 1855/98, 1099/99)
Petitioner: Indian Petrochemicals Corpn. Ltd. & Anr.
Respondent: Shramik Sena & Ors.
Apeal: Civil Appeal No. 1854 of 1998
(With appln. for exemption from filing c/c of the impugned judg-ment)
(With CA 1855/98, 1099/99)
(With appln. for exemption from filing c/c of the impugned judg-ment)
(With CA 1855/98, 1099/99)
Judges: S.P. BHARUCHA, R.C. LAHOTI & N. SANTOSH HEGDE, JJ.
Date of Judgment: Apr 08, 1999
Appearances:
Mr. TR Andhyarujina, Senior Advocate with M/s. Mr. HS Parihar, Mr. KS Parihar, Mr.S. Birla, Mr. MM Verma, Advocates.
M/s Mr. GK Banerjee, Mr. RS Raymond, Mr. RN Karanjawala Nandini Gore, Mr. Sandeep Mittal, Mr. Manik Karanjawala, advocates.
Mr. KK Singhvi, Senior Advocate with M/s. S. Pakale, Mr. Rashid, Mr. AK Gupta, advocates.
Head Note:
PRACTICE AND PROCEDURE
Constitution
Art, 136 – Pending appeals – Additional affidavits filed – No express permission of court – Such affidavit setting out facts – Permissibility.Held that such affidavits be not accepted on record unless the Court permits them.(Para 3)
Constitution
Art, 136 – Pending appeals – Additional affidavits filed – No express permission of court – Such affidavit setting out facts – Permissibility.Held that such affidavits be not accepted on record unless the Court permits them.(Para 3)
JUDGEMENT:
ORDER
1. Civil Appeal No. 1854 of 1998 by the employer and Civil Appeal No. 1855 of 1998 by the employees arise from the same judgment of the High Court. Reliance was placed, during the course of their hearing, on an additional affidavit dated 19th February, 1999, filed recently (22nd February, 1999) on behalf of the employees. There is no reply by the employer to the said affidavit.
2. There is no order of the Court that permits an additional affidavit to be filed. It is Stated by the learned advocate-no-record for the employees that, as a matter of practice, such affidavits are filed and the Registry accepts them.
3. The said affidavit is an affidavit in which facts are plea-ded, additional to the facts placed before the High court. No such affidavit could have been filed and taken on record without the express permission of the Court to file the affidavit and place additional material on record. The Registry is hereby directed to ensure that no affidavits are taken on record in pending appeals, especially if they set out facts, unless orders of the Court permit them to be filed. This order shall be treated as a practice direction to be complied with hereafter in all matters.
4. Adjourned for four weeks to enable the employer to file a reply to the said affidavit. To be treated as a part – heard.
1. Civil Appeal No. 1854 of 1998 by the employer and Civil Appeal No. 1855 of 1998 by the employees arise from the same judgment of the High Court. Reliance was placed, during the course of their hearing, on an additional affidavit dated 19th February, 1999, filed recently (22nd February, 1999) on behalf of the employees. There is no reply by the employer to the said affidavit.
2. There is no order of the Court that permits an additional affidavit to be filed. It is Stated by the learned advocate-no-record for the employees that, as a matter of practice, such affidavits are filed and the Registry accepts them.
3. The said affidavit is an affidavit in which facts are plea-ded, additional to the facts placed before the High court. No such affidavit could have been filed and taken on record without the express permission of the Court to file the affidavit and place additional material on record. The Registry is hereby directed to ensure that no affidavits are taken on record in pending appeals, especially if they set out facts, unless orders of the Court permit them to be filed. This order shall be treated as a practice direction to be complied with hereafter in all matters.
4. Adjourned for four weeks to enable the employer to file a reply to the said affidavit. To be treated as a part – heard.
