POLAR LATEX LTD Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) THE management of the Company -M/s. Polar Latex Ltd., Balasore is the petitioner in this writ application. The petitioner calls in question the legality of the order dated 9.12.2003 passed in I.D. Case No. 5 of 2001 by the Presiding Officer, Labour Court, Bhubaneswar in 9.12.2003.

(2.) AT the instance of the employee -opp.party No. 2 challenging the order of termination dated 24.6.1997, the Government of Orissa in exercise of powers conferred by Sub -section (5) of Section 12 read with Clause -(c) of Sub -section (1) of Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') referred the dispute to the Presiding Officer, Labour Court, Bhubaneswar for adjudication. The point referred was as follows :

(3.) MR . J. Pattnaik, learned senior counsel appearing on behalf of the petitioner submitted that the impugned order clearly contravenes the provisions of Section 36(4) of the Act. Relying upon the decision in the case of Paradip Port Trust, Paradip v. Their Workmen, AIR 1977 SC 36, Mr. Patnaik contended that in the above decision, the Supreme Court has clearly laid down that the word 'and' occurring in Section 36(4) of the Act is conjunctive in nature and cannot be treated to be 'or'. Therefore, it is submitted that if consent is not given by the opponent in a case under the Act, the Labour Court/Industrial Tribunal in seisin of the matter cannot grant leave to a party to be represented by a legal practitioner.