SIEMENS LIMITED Vs. K K GUPTA

JUDGEMENT

(1.) This writ petition filed by the petitioner company/employer challenges the order dated 28th May, 2001 passed by the learned Labour Court upholding the objections of the respondent that the petitioner management should not be allowed to be represented through legal practitioners/ lawyers and S/Shri G.D. Maheshwari, P.K. Sharma and R.K. Joshi who claimed to be officers of the PHD Chambers of Commerce and Industry (PHDCCI), on the ground that they were not entitled to represent the said management in view of the specific bar contained in Section 36 of the Industrial Disputes Act (hereinafter referred to as the 'Act'). Shri G.D. Maheshwari retired from the service of PHDCCI and had stopped appearing on its behalf. In doing so, the impugned order followed the judgment of Hon'ble Andhra Pradesh High Court in 'Andhra Pradesh Power Diploma Engineer's Association Vs. Andhra Pradesh State Electricity Board and another, 1995 LAB I.C. 2654, wherein it was held that the employer defined in Section 35 of the Act means an industrial employer and the term 'association of employers' used in Section 36(2) envisaged the status of the members of the association to be that of employers. Following the above judgment, the learned Labour Court held that some times the industrialists employed qualified Advocates under the garb of Section 36(2) of the Act to circumvent the mandate of Section 36(2) of the Act. Accordingly, upon finding that Mr. R.K. Sharma and Mr. R.K. Joshi are not officers of PHDCCI as defined under Section 36(2), the impugned order was passed.

(2.) Section 36 of the Act reads as follows:-

(3.) The pending industrial dispute arose in view of the termination of the services of the respondent by the petitioner company on 14th August, 1997. However, inspite of opposition of the petitioner company based inter alia on the plea that the respondent was not a workman and in fact working in the managerial cadre, the dispute was thereafter referred for adjudication by the order of reference dated 1st June, 1998.