BHAWANI ART HANDICRAFTS Vs. GULAB SINGH

JUDGEMENT

(1.) THE petitioner M/s. Bhawani Art Handicrafts, 19 -A Light Industrial Area, Jodhpur, through its proprietor Suresh Kumar Bhawani has filed this writ petition under Article 226 of the Constitution and challenged the impugned order dated 2.11.1998 (annex.3) passed by the labour court, Jodhpur, whereby, Shri Dhanpat Raj Lunkar, a practicing advocate of this Court has been prevented from representing the petitioner employer on the ground that he is an advocate, therefore, he cannot appear on behalf of the petitioner. Learned Counsel Shri Lunkar himself appeared in this writ petition on behalf of the petitioner employer and relying upon the Apex Court judgment in case of Paradip Port Trust, Paradip v. Their Workmen : (1976)IILLJ409SC vehemently submitted that as a lawyer he can appear before the Industrial Tribunal in his capacity as an office bearer on behalf of the petitioner employer. He, therefore, submits that learned Labour Judge was wrong in preventing him from appearing on behalf of the petitioner.

(2.) THE petitioner employer M/s Bhawani Art Handicrafts terminated the services of his 10 workmen for which State of Rajasthan had made a reference before the Labour Court. Before the Labour Court Advocate Shri Lunkar appeared as a representative of the petitioner employer, which was objected by the workmen on the ground that Mr. Lunkar being a practicing advocate was not entitled to appear on behalf of the employer and present his case. That objection was upheld by the Labour Court and Mr. Lunkar was prevented from presenting the case of petitioner employer before the Labour Court.

(3.) IN Paradip Port Trust, case (supra) the Apex Court made the following observations -