RADHEY SHYAM Vs. PRESIDING OFFICER LABOUR COURT II

JUDGEMENT

(1.) We have heard learned counsel for the petitioner at length. During the proceedings in the Labour Court for adjudication of an industrial dispute, the workman had filed an application under Section 36(2) of the Industrial Disputes Act, 1947 (for short, "the Act"). In that application, he had challenged the appearance of S. S. Saini and N. S. Rajput, Officers of Progressive Employers & Traders Association, Faridabad to represent "the management." It was pleaded that the two officers being advocates were precluded from representing the management without the counsel of the workman and without the leave of the Court.

(2.) The Labour Court, after considering the submissions made by the learned counsel for the parties as concluded that since the two officers are officer bearers of the employers association, the bar contained under Section 36(4) of the Act would not be applicable. In support of its finding, the Labour Court has relied on a judgment of the Supreme Court in the case of Paradip Port Trust, Paradip v. Their Workmen AIR 1977 SC 36 : 1977 (2) SCC 339 : 1976-II-LLJ-409.

(3.) We have perused the aforesaid judgment and are of the opinion that the matter is squarely covered against the present petitioner. In the aforesaid case, the Supreme Court has held as under 1976- II-LLJ-409 at p. 414: