N RAMKUMAR PROPRIETOR OF JEYARAM TRANSPORT PRESENTLY NRK AND RAM SON Vs. P NARAYANAN AND PRESIDING OFFICER, LABOUR COURT, TIRUNELVELI

JUDGEMENT

(1.) The petitioner is an employer under Jeyaram Transport at Palayamkottai. In this writ petition, he has come forward to challenge the order passed by the second respondent, Labour Court, Tirunelveli, in I.A.No.32 of 2011 in I.D.No.46 of 2010, dated 12.05.2011. By the interim order, the Labour Court held that the petitioner management cannot engage a lawyer in terms of Section 36(4) of the Industrial Disputes Act, 1947 (hereinafter referred as the Act) and that the parties before the Labour Court cannot engage an advocate as a matter of right except with the consent of the other side and with the direction of the Court.

(2.) In the present case, the Labour Court felt that the first respondent who was a conductor working in the private corporation was not having a lawyer and therefore, if the petitioner engages a counsel, it will create inequality between the parties and therefore, it held that the petitioner cannot engage the service of the counsel in conducting the dispute. Challenging the said order, the writ petition came to be filed.

(3.) When the matter came up on 10.06.2011, this Court directed notice regarding admission and also granted interim stay. On notice from this Court, the first respondent is represented by the counsel Mr.J.Ashok.