MAHABIRTANTI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE delay in filing the appeal is condoned.

(2.) THIS Letters Patent Appeal has been filed against the order dated 20 April, 2003 on C.W.J.C. No. 778 of 2003: Mahavir Tanti V/s. The State of Bihar & ors.

(3.) THE issue whether the petitioner is a member of the Trade Union or not, truly, is a disputed question of fact. Evidence would have to be led to show the nexus between the person and the Trade Union. There cannot be any disposition before the High Court in its writ jurisdiction, neither any cross examination.