J SUBHASH Vs. LABOUR COURT

JUDGEMENT

(1.) THIS is a petition under Article 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.) THE petitioner is a licensee of toddy shops. Respondents Nos. 2 to 5 are employees under him. They filed petitions against the petitioner under Section 33-C (2) of the Industrial Disputes Act, 1947, before the Labour Court, Kollam, the first respondent herein, claiming overtime wages. Respondents Nos. 2 to 5 were represented by a trade union leader by name Sri. G. Gopinathan Pillai. The petitioner moved the first respondent by Exhibit P-2 petition seeking permission to engage a legal practitioner to defend the petition, C. P. No. 106 of 1991. 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.