BAIDYANATH AYURVED BHAWAN LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated January 22, 2003 passed by the Presiding Officer, Labour Court, Muzaffarpur in Reference Case No. 2 of 2002 (Annexure 1) whereby the petition filed by the workman objecting to the representation of the management by the legal practitioners, has been allowed and petitioner has been directed to be represented by the Legal Practitioner.

(2.) Facts lie in a narrow compass. The State Government, in exercise of the powers conferred under Section 10 of the Industrial Disputes Act, hereinafter referred to as the Act', referred the following dispute for adjudication by the Labour Court, Muzaffarpur:

(3.) The reference so made by the State Government was placed for consideration before the Labour Court on July 24, 2002 when it directed for its registration and issuance of the notice to both the parties for filing their written statement fixing August 14, 2002 as the date of their appearance. On February 14, 2002, a petition for time to file written statement and to accept the appearance of the petitioner through its Advocate was served on Respondent No.3 through its Secretary and thereafter, the petition and Vakalatnama of the Advocate on behalf of the petitioner was filed in the Labour Court. According to the petitioner, the Labour Court accepted the Vakalatnama, allowed the prayer for time and adjourned the case to February 13, 2002 for filing the written statement by both the parties. On the next date fixed, i. e. September 13, 2002 a petition was filed by the workmen objecting to the representation of the management by the Advocate. Ultimately, by the impugned order dated January 22, 2003, the objection raised by the Workman was upheld by the Labour Court and it was held that the petitioner cannot be represented by the legal practitioner.