INDRASAN PARSAD Vs. PRESIDING OFFICER AND ANR.

JUDGEMENT

(1.) REPRESENTATION of parties before a Labour Court is what concerns us. However, before entering the arena of controversy, it would be necessary to revisit the adjudication process of industrial disputes by Labour Courts.

(2.) THE Industrial Disputes Act, 1947 provides the machinery and procedure for the investigation and settlement of industrial disputes, which are disputes or differences between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non -employment or the terms of employment or with the conditions of labour.

(3.) NOW coming to the question of representation of parties before Labour Courts we may go straight to the relevant provisions regarding representation of the employer. Section 36(2)(a)(b)&(c) gives the categories of persons who can represent the employer. Section 36(3) categorically lays down that no party to a dispute shall be entitled to be represented by a legal practitioner in any proceeding before a Court. Nevertheless, in proceedings before a Labour Court, a party can still be represented by a legal practitioner but always with the consent of the other party and with the leave of the Court. These two conditions appear to be necessary pre -requisites.