COMMISSIONER Vs. VISHAL SON OF GAUTAM SHIRSAT

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Learned Advocate Mr. S.T. Harkare waives service for respondent sole. Heard by consent.

(2.) Admittedly, the petitioner was not permitted to engage a lawyer. On the other hand, the workman was represented through the representative who seems to be trained by a practice in prosecuting the cases before Labour Court, while the Assistant Commissioner, who is not a legally trained person, and is an Administrative Officer, has defended the case, and as is seen, without taking legal assistance, whatsoever.

(3.) Granting of a permission to engage a lawyer is one aspect of the matter and failure to take legal advice is another. While former is the judicial act, the latter, however, is the act of a party which can be regarded as failure which could have been avoided.