Indian Petrochemicals Corpn. Ltd. and Anr. v. Shramik Sena and Ors .
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
G affidavit.
There is no order of the Court that permits an additional affidavit to be
- filed. It is stated by the learned advocate-on-record for the employees that,
as a matter of practice, such affidavits are filed and the Registry accepts them.
The said affidavit is an affidavit in which facts are pleaded, additional H
539
A 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 ta.ken on record in pending appeals,
especially if they set out facts, unless orders of the Court permit them to be
B filed. This order shall be treated as a practice direction to be complied with
hereafter in all matters.
· Adjourned for four weeks to enable the employer to file a reply to the
said affidavit. To be treated as part-heard.
T.N.A. Appeal pending.
A.