V. Kameswar Rao, J. (Oral)

1. The challenge in this writ petition is to the order dated February 20, 2013 passed by the Labour Court on an application filed by the petitioner under Section 36 of the Industrial Disputes Act, 1947 (for short, the ‘Act’) in I.D. No. 184/09 whereby the said application was dismissed.

2. The application is dated August 09, 2012 filed against the appearance of the Authorized representative of the respondent on the ground that he being an Advocate, the petitioner has not given his consent for his appearance on behalf of the respondent which is mandatory in terms of that Section. The position of law has been crystallized by this Court as well as by the Supreme Court. The Supreme Court in the case reported as AIR 1977 SC 36, Paradip Port Trust Vs. Their Workmen. has held as under:

“a lawyer, simplicitor cannot appear before an Industrial Tribunal without the consent of the opposite party and leave of the Tribunal merely by virtue of a power of attorney executed by a party. A lawyer can appear before the Tribunal in the capacity of an “Office-bearer” of registered trade Union or an officer of association of employers and consent of the other side and