Amitava Lala, J. - (1.) These applications are made an application under Section 17B of the Industrial Disputes Act, 1947 connected with the W.P. No. 769 of 2004. As because the applications have been made in the form of affidavits instead of form of petitions the department of this Court is supposed to be directed to convert the applications in such form for the sake of formality as indicated hereunder with certain caution. It is to be remembered that Rules and Practice of a Court is law of that Court. Unless it is directly conflicts with the substantive law, such Rules and Practice have to be followed by a litigant. Those may be handmade of justice for the Courts but not for the litigants unless and until appropriate leave is granted for the purpose of entertaining the same for the sake of substantive law. Mr. K.H. Dasan, Learned Counsel appearing for the applicants, brought my notice to Section 17B of the Act to say that such Section speaks about filing affidavit by any workman not any application therefore only affidavit will be filed. Defect, if any, arising out of Original Side Rules otherwise filing of affidavit is appropriate. According to me, his submission suffers from misconception of law.
(2.) Firstly writ petitions under Article 226 of the Constitution of India will be governed by the Rules of this High Court relating to those matters being independent of Original Side or Appellate Side Rules made for this High Court. Secondly, there are no different Rules for interlocutory business. Now-a-days, it is more or less uniform. Rule 36 of the Writ Rules of this High Court says in respect of "Original Side" applications, the Rules of the Original Side relating to interlocutory application, and in respect of "Appellate Side" applications the Rules of the Appellate Side relating to Civil Revisional Cases shall apply mutates mutandis in respect of making those applications, affirming affidavits, filing of petitions and affidavits etc. amongst others. In further, after introduction of computerized system in the Original Side such applications are called as General Applications (G.A.) and in the Appellant Side it is called Civil Applications (CAN).
(3.) The next questions are what the purpose of making such applications is and what is the co-ordinating zone between procedural law and substantive law ?;