ST MARYS HIGH SCHOOL Vs. KESARAM

JUDGEMENT

(1.) IN this writ petition under Article 226 of the Constitution of INdia, the question involved relates to the representation of an employer in an INdustrial Dispute pending adjudication before a Labour Court.

(2.) THE respondent was in service of the petitioner and his services were terminated. THE matter took the shape of an Industrial Dispute. THE State Government by their notification No. 859/82 dated January 18, 1983 referred the dispute to the Labour Court for adjudication under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act' ). THE workmen authorised the Rajasthan Trade Union Congress to represent him in the said proceeding. THE petitioner authorised Shri D. K. Parihar to represent it and submitted the authority of representation in the prescribed form under rule 36 of the Rajasthan Industrial Disputes Rules, 1958. Shri Parihar was described therein as the Honorary Additional Secretary, Jodhpur Industries Association, Jodhpur. An objection was taken by the Union that since the petitioner was not a member of the aforesaid Association. Shri Parihar could not represent the petitioner. THE learned Judge of the Labour Court upheld the objection and by his impugned order dated May 6, 1983 declared that Shri Parihar was not authorised to represent the petitioner. This petitioner prays for quashing the said order.

(3.) THE writ petition is, consequently, dismissed in limine without calling upon the respondent for hearing. .