PRAKASH MEENA Vs. ULTRATECH CEMENT LTD

JUDGEMENT

(1.) By this petition the petitioner has challenged the order of the Labour Court dated 8.10.2012, whereby the objection of the petitioner in respect of representation of the respondent in the proceedings before the Labour Court through the advocate has been rejected.

(2.) The brief facts are that the reference has been made to the Labour Court under Section 10 of the Industrial Disputes Act in respect of retrenchment of the petitioner and in the proceedings before the Labour Court, the petitioner had raised an objection that the respondent cannot be allowed to be represented through the advocate as the petitioner has not appointed any advocate to represent him and in this regard has placed reliance upon Section 36(3) and (4) of the Industrial Disputes Act, 1947 (for short "the Act") and the Labour Court considering Section 30 of the Advocates Act has rejected the said objection.

(3.) The argument of learned counsel for the petitioner is that the Labour Court has committed an error in rejecting the objection without properly appreciating the legal position, whereas learned counsel for the respondent has supported the impugned order.