BUDHAR LAL Vs. JUDGE LABOUR COURT

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the order of the learned Judge, Industrial Tribunal, Jodhpur dated September 21, 1987, by which he overruled the objection of the petitioner that the Executive Engineer, P. H. E. D. , Balotra (respondent No. 2) is not entitled to be represented before him by Miss Shanta Ozha, Advocate. The fact of the case giving rise to this petition may be summarised thus.

(2.) THE petitioner was in the service of the respondent No. 2. His services were terminated with effect from June 3, 1985. A reference under Section 10, Industrial Disputes Act (hereinafter referred to as 'the Act') was made by the State Government regarding this dispute. Miss Shanta Ozha, Advocate put her appearance on behalf of the respondent No. 2. The petitioner moved an application under Section 36 (3) of the Act, objecting the representation of the respondent No. 2 by Miss Shanta Ozha, Advocate. After hearing the parties, the learned Judge, Industrial Tribunal, Jodhpur (respondent No. 1) repelled the objection by his impunged order.

(3.) IT is contended by the learned counsel for the petitioner that the provision of Section 36 (3) of the Act are quite clear and the respondent No. 2 is not entitled to be represented by Miss Shanta Ozha, Advocate who is admittedly a legal practitioner. He relied upon the judgment given in Writ Petition No. 194 of 1986 Mahendra Kumar Khatri v. Judge, Labour Court, Jodhpur and Anr. 1987 I. C. L. R. 265 dated June 16, 1986,