HOSING ARDASAR ICHHAPORIYA Vs. MAHAVIR GENERAL HOSPITAL SURAT

JUDGEMENT

(1.) The petitioner-workman is aggrieved by the order of the Labour Court, permitting the respondent-management to appear through Shri G. M. Vakil (a practising Advocate), as an officer of the Southern Gujarat Chamber of Commerce and Industry. The respondent-management is Mahavir General Hospital. That management, initially wanted to be represented by Shri G. M. Vakil, Advocate and a Vakalatnama in his favour was filed. The petitionerworkman objected to the same and, therefore, he could not appear in the proceedings. Thereafter, by an application Ex. 19, it was contended that the respondent-management is an ordinary member of Southern Gujarat Chamber of Commerce and Industry and that Shri G. M, Vakil is a patron member of the said Chamber, and that he has been co-opted as a member of the Managing Committee thereof. It was, therefore, submitted that, he can appear and represent the employer in the present case as an officer of the Chamber of Commerce and Industry. The Labour Court accepted that contention and passed the order dated 27/04/1988. This order has been challenged by the Counsel for the workman.

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

(3.) Southern Gujarat Chamber of Commerce and Industry is an association. Eligibility for membership thereof is to be found in clause (4) and the relevant part reads as follows :