FILMISTAN PRIVATE LTD Vs. SYED TAKI BILGRAMI

JUDGEMENT

(1.) The petitioner is a private limited company doing business of producing cine films and hiring its studios to other producers for shooting their films.

(2.) Respondent 2 in the petition is a trade union which represents the employees of the petitioner. In 1958 the Government of Bombay referred for adjudication to the industrial tribunal (respondent 1) as industrial dispute between the petitioner and its employees relating to classification, wagescales, dearness allowance, gratuity, bonus, etc. During the pendency of this reference the petitioner dismissed 51 workers in 1964 and filed application before the industrial tribunal under S. 33(2)(b) of the Industrial Disputes Act, 1947, for approval of the action taken by it. At the hearing of these applications two advocates appeared before the industrial tribunal on behalf of the petitioner. An office-bearer of the union, Sri R. J. Mehta, who was to appear for the workmen, was unable to be present. A message was covered by him to the tribunal that he desired to object to the appearance of any advocates on behalf of the petitioners and that the hearing of the applications should be adjourned. The hearing was adjourned on that date, and eventually on 16 September, 1964 the industrial tribunal passed an order by which the objection taken on behalf of the workmen to representation by advocates was upheld and the petitioner was directed to make other arrangements for its appearance. The petitioner approached this Court for an order under Art. 227 of the Constitution to quash this order of the industrial tribunal.

(3.) The impugned order of the industrial tribunal was made under Sub-section (4) of S. 36 of the Industrial Disputes Act, 1947, which provides :