NATIONAL HORTICULTURAL RESEARCH AND DEVELOPMENT FOUNDATION (NHRDF) Vs. PRESIDING OFFICER, LABOUR COURT AND ORS.

JUDGEMENT

(1.) The petitioner viz.,National Horticultural Research and Development Foundation (NHRDF), has filed this Writ petition challenging the correctness of the order dated 09.10.2014 in I.A.No.134 of 2014 in C.P.No.7 of 2014 passed by the Labour Court, Tiruchirappalli.

(2.) A simple issue raised in this Writ petition is as to whether a legal practitioner or an Advocate can represent a party to the proceedings before the Labour Court without the consent of the other side?

(3.) The petitioner herein has filed an Interlocutory Application in I.A.No.134 of 2014 in C.S.No.7 of 2014 before the Labour Court, Tiruchirappalli, seeking to permit the petitioner to represent the counsel on their behalf to appear in C.S.No.7 of 2014. The Labour Court by order dated 09.10.2014 dismissed the said Interlocutory Application holding that the petitioner is not entitled to seek the permission for the assistance of the legal practitioners in the proceedings filed by the 2nd respondent under Section 36(4) of the Industrial Disputes Act, 1947. The petitioner earlier has filed a Writ petition in W.P.(MD)No.5239 of 2010 before this Court. This Court by order dated 12.07.2010 dismissed the Writ petition. Aggrieved over the same, the petitioner preferred a Writ Appeal in W.A.(MD)No.631 of 2011 and a Division Bench of this Court by judgment dated 10.08.2011 dismissed the Writ Appeal.