J.K. Cotten Mills Karmchari ... vs State Of U.P. And Others
2018 Latest Caselaw 2495 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 
Case :- WRIT - C No. - 19976 of 2009
 
Petitioner :- J.K. Cotten Mills Karmchari Audyogik Utpadan Sahkari Samiti
 
Respondent :- State Of U.P. And Others
 
Counsel for Petitioner :- Ramanand Gupta,Bushra Maryam,Dharmendra Singh,P.N.Gupta,Rohan Gupta
 
Counsel for Respondent :- C.S.C.,Miss B. Maryam,Ritvik Upadhyay,Smt. Kirtika Singh
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

1.     This is petition of the year 2008.

2.     Appeal was preferred against the order of Single Judge whereby the Division Bench vide judgment dated 29.4.2015 allowed this special appeal setting aside the impugned order dated 3rd April, 2015. The Division Bench has directed this Court to decide the matter afresh.

3.     Basically on the locus of the present petitioner, the matter was remanded.

4.     Supplementary affidavit and rejoinder affidavit have been exchanged between the parties.

5.     However, today as it relates to rights of employees, Sri Rohan Gupta- Advocate appearing on behalf of petitioner with folded hand submitted that the petitioner may be permitted to file the better affidavit which was vehemently objected by Sri V.K. Upadhyay assisted by Sri Ritvik Upadhyay, learned counsel appearing on behalf of respondent has requested that as far as locus is concerned he would like to seek permission of this Court to file a better affidavit in normal course. This exercise cannot be permitted in  normal circumstances as that would be given liability to improve the facts but as a special as it relates to employees and to see the veracity of the petitioner, this exercise is permitted to be carried out on or before 20th September, 2018, an advance copy be served to the counsel for respondents who may file their reply, if any on or before 27th September, 2018.

6.     This order should not be treated as precedents or permission. It is only view to ascertain certain factual scenario as it emerges.

7.     List on 27.9.2018.

Order Date :- 11.9.2018/Mukesh