MADAN MOHAN GHOSH Vs. INFAR INDIA LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) In this appeal, the workman has challenged the judgment of a division bench of Calcutta High Court in APO No. 13 of 2000 allowing the appeal filed by the employer, respondent no. 1 herein (hereinafter referred to as the 'respondent').

(3.) The controversy raised in the case relates to the eligibility of one Amar Roy to represent the respondent before the industrial tribunal as the president of employers' association of which the respondent is a member. The association is known as Assam, West Bengal, Orissa and Bihar Employers' Association which is stated to be registered under the West bengal Societies Registration Act. The objection raised by the appellant against representation of the respondent by Sri amar Roy was that being a legal practitioner he was not eligible to represent the respondent in view of the provisions in section 36 (2) , (3) and (4) of the Industrial Disputes Act, 1947. Further, it was alleged by the appellant that Sri Amar roy was not the president of the association of which the respondent was a member and he was ineligible to represent the respondent on that ground also. On behalf of the workman, a petition was filed before the tribunal to call upon the respondent to produce certain documents which were for adjudication of the matter as claimed by the appellant. The respondent neither filed any objection to the said petition nor produced the documents stated therein.