HOTEL ASHOK Vs. PRESIDING OFFICER ADDL LABOUR COURT

JUDGEMENT

(1.) These two writ petitions arise out of two orders made in the two references pending before the Additional Industrial Tribunal, Bangalore, refusing to permit Sri K. Kasturi, learned counsel for the petitioner to represent the petitioner before the Tribunal even though he was an office bearer of the employer's Federation of Southern India (Federation for short) of which the petitioner, Hotel Ashok, Bangalore, was a member.

(2.) W.P. No. 10113/83 arises out of an order dated 4-5-1983 in Reference No. 17 of 1981 and W.P. No. 117 64/83 arises out of an order made in Reference No. AID 41/81 dt. 12-5-1983. In both these references, Sri K. Kasturi, a practising Advocate, filed appearance on behalf of the management of Hotel Ashok, Bangalore. According to the petitioner Hotel Ashok, as it was a member of the Federation and as Sri. K. Kasturi, Advocate was a member of the Executive Committee of the Federation, he was entitled to appear on behalf of the petitioner before the Industrial Tribunal in view of S. 36 of the Industrial Disputes Act ('the Act' for short). The first party workman before the Tribunal disputed the claim of the petitioner to be represented by Sri. Kasturi, on the ground that neither the petitioner can be regarded a member of the Federation nor Sri, Kasturi was an office bearrer.

(3.) In both the References, the Industrial Tribunal upheld the objection of the workmen and held that Sri. Kasturi was not entitled to appear for the management of Hotel Ashok, Bangalore. Aggrieved by the said orders, the petitioner has presented these writ petitions.