FEROKE MATCH WORKS Vs. LABOUR COURT

JUDGEMENT

(1.) THIS is an application by the petitioners under Article 226 of the Constitution for quashing the order dated 30 August 1957 made by the Labour Court, Kozhikode, in I. D. Nos. 3 and 4 of 1957 and also for the issue of a writ of mandamus or other appropriate writ directing the respondent 1 to allow the petitioners to be represented by Messrs. S. K. Kadar and P. K. Ahamed in the disputes pending before the respondent 1.

(2.) IT is not necessary to state very much the facts about the disputes pending in the labour court. It is seen from the affidavit filed in support of these applications that Messrs. S. K. Kadar and P. K. Ahamed appeared on behalf of the two petitioner concerns before the labour court and their appearance was objected to by the Secretary of the Match, Timber and Plywood Workers' Union, Feroke, on the ground that they are legal practitioners and that the permission of the opposite side as well as that of the labour court was required for their appearance. The union also intimated its objection to their appearance. The presiding officer, by his order dated 31 August 1957, has upheld the objection of the union and it is the said order that is sought to be quashed in these proceedings.

(3.) ACCORDING to the petitioners, Sri S. K. Kadar is the Vice-President of the Kerala Match, Splints, Veneers and Woodworking Manufacturers' Association and Sri P. K. Ahamed is one of the secretaries of the abovementioned association. The association is an association of employers interested in the industries specified In the title of the association. The two gentlemen are intimately connected with the industries as their permanent legal advisers also apart from being office-holders in the association. It is also further stated in the affidavit that the said association has been registered under a statute and that the labour court has no power under the Industrial Disputes Act to decide about the objects of the association, its formation and other allied matters. It is also further stated in the affidavit that the idea of forming the association was mooted as early as December 1956 as is clear from the advertisement in the paper " Chandrika " dated 27 December 1955 as also from a copy of the proceedings of the meeting dated 30 December 1956. The association itself was registered on 20 August 1957 and a copy of the memorandum of the rules of the association has also been filed.