J. SUBASH Vs. LABOUR COURT

JUDGEMENT

(1.) This is a petition under Art.226 of the Constitution of India seeking the following reliefs:

(2.) The main aspect that arises for consideration is whether an advocate has a right of audience before a Tribunal or a Labour Court constituted under the Industrial Disputes Act.

(3.) Petitioner is a licensee of Toddy Shops. Respondents 2 to 5 are employees under him. They filed petitions against petitioner under S.33C(2) of the Industrial Disputes Act before Labour Court, Kollam, the first respondent herein, claiming overtime wages. Respondents 2 to 5 were represented by a Trade Union Leader by name Sri. G. Gopinathan Pillai. Petitioner moved first respondent by Ext. P2 petition seeking permission to engage a legal practitioner to defend the petition C. P. 106/91. Similar applications were filed in other petitions also. The first respondent rejected those petitions. The legality of those orders is under challenge in this original petition.