LAWS(APH)-1998-8-92

GENERAL MANAGER NABARD Vs. INDUSTRIAL TRIBUNAL

Decided On August 10, 1998
GENERAL MANAGER, NATIONAL BANK FOR AGRICULTURAL AND RURAL DEVELOPMENT Appellant
V/S
PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-I, HYDERABAD Respondents

JUDGEMENT

(1.) This writ petition has been filed seeking a direction more particularly one in the nature writ of mandamus declaring the order passed by the first respondent, namely, the Presiding Officer, Industrial Tribunal-I, Hyderabad, in I.D.No. 36 of 1997 dated 06-03-1998, refusing to permit Ms. Sudha, an Advocate, who is said to be the Vice-President of the Organisation of the Management Union, to represent on behalf of the petitioner under Section 36(2) of the Industrial Disputes Act, 1947.

(2.) The facts giving rise for filing of this writ petition are as under; The Government of India, Ministry of Labour, has referred the following dispute under Sections 10 (1) (d) and (2-A) of the Industrial Disputes Act (hereinafter called as 'the Act') to the first respondent-Tribunal for adjudication.

(3.) The said reference has been taken on file as I.D. No. 3 of 1997. After receipt of the notice, the Management filed I.A.No. 102 of 1997 for permission to be represented by an Advocate and that application was opposed by the Workman and the same was dismissed. Thereafter, Ms. Sudha a practising Advocate filed memo of appearance on behalf of the Management with a certificate of registration of Trade Union by name 'Organisation of Management Union, Hyderabad' which was said to have been registered under Trade Unions Act on 23-04-1997 and she also filed an authorisation given by the Deputy General Manager (Administration) of NABARD authorising Ms, Sudha to represent the management in the dispute as Vice- president of that Union. The workman filed a counter resisting the memo of appearance filed by Ms. Sudha stating that the Vice-President is not an officer contemplated under Section 36 of the Act and that Union was formed after the dispute arose. The first respondent-Tribunal after hearing both sides and considering the decision of the Full Bench of this Court in A.P. Power Diploma Engineers'Association, Thermal Power Station, Palancha, Khammam vs.A.P.S.E.B., Hyderabad1 held that Ms. Sudha is only an office bearer and not an officer of the Organisation of the Management Union and as such she cannot come within the purview of Section36of the Act and accordingly refused permission to Ms. Sudha to appear on behalf of the Management. Challenging the said order, the Management has come up with this writ petition.