NATIONAL HORTICULTURAL RESEARCH & DEVELOPMENT FOUNDATION (NHRDF) Vs. PRESIDING OFFICER, LABOUR COURT; P MURUGESAN

JUDGEMENT

(1.) The dispute between the workman the second respondent and the management being the appellant is pending consideration before the Labour Court under the Industrial Disputes Act, 1947.

(2.) In those proceedings, the appellant desired to seek assistance of a Counsel which was not agreed to by the workman appearing in person. This has given rise to a spate of litigations by the appellant management one after the other seeking to raise the same issue.

(3.) The request of the appellant management having been declined by the Labour Court, the same was assailed by filing writ petition in W.P(MD)No.5239 of 2010 raising the issue whether the management is entitled to engage an Advocate without consent of the workman as per Section 36(4) of the Industrial Disputes Act, 1947. That writ petition was dismissed on 12.07.2010. The appellant aggrieved by that order preferred W.A.(MD)No.631 of 2011. The appeal was dismissed on 10.08.2011.