LAWS(MAD)-1990-5-14

THE PRESIDENT, KANYAKUMARI DISTRICT MINERAL WORKERS UNION Vs. THE MANAGER, INDIAN RARE EARTHS LTD. MINERAL DIVISION AND ORS.

Decided On May 04, 1990
The President, Kanyakumari District Mineral Workers Union Appellant
V/S
The Manager, Indian Rare Earths Ltd. Mineral Division And Ors. Respondents

JUDGEMENT

(1.) THIS writ appeal arises from the common order of the learned single judge in W.P.Nos.8840 and 8950 of 1982 dated 4 -2 -1983.

(2.) THE brief facts which gave rise to the filing of this appeal are:

(3.) SO far as the sixth respondent is concerned, he would deny everything in his counter -affidavit except that he stayed in the guest house of the first respondent from 9.00 p.m. on 20 -8 -1982 to 7.00 a.m. on 22 -8 -1982 and would say that this had nothing to do with the passing of the award and that he had rendered the award purely on the merits of the claims and contenti6ns of the parties. He would state that he conducted an enquiry in another matter in I.D. No. 1 of 1982 on the 19th and 20th of August, 1982 by staying in the tourist bungalow at Nagercoil and that on 20th night he with his family left Nagercoil and reached the guest house of the first respondent at Manavalakurichi and stayed there as mentioned above. He would deny that he used the company's car KLU 440 during his stay and state that he had made his own arrangement to go to Manavalakurichi which is just 16 miles off Nagercoil: He would deny that he with his family went to Trivandrum and Tuticorin by using the company's car. His statement is that he reached Tirunelveli on the evening of 22 -8 -1982 and returned to Madras by Nellai Express after two days' stay at Tuticorin. He has also denied that his wife has distributed Christian literature to the public living in the coastal area during those days. Then, he continues to state as follows: