( 1 ) M/s. J. B. Transport Company-a proprietary concern and its proprietor have filed the present petition to challenge the order passed by the Labour Court of Ahmedabad in Reference No. 428 of 1997.

( 2 ) THE respondent Shankarlal @ Mavaram Nathuji Patel is working as driver with the petitioner. His employment was terminated on 25/11/1994 hence he raised an industrial dispute which resulted in Reference No. 428 of 1997. In the said reference, the present petitioner initially filed a Vakalatnama on their behalf through their Advocate Mr. S. B. Sharma which is at Exh. 9 in the said reference. The workman raised an objection for the appearance of a practising Advocate. Thereafter, another document purporting to be an authorisation was filed in the said reference and along with that authorisation the Annexure c of this petition and annexure d certificate of registration under Trade Unions Act, at Page 35 were produced before the Labour Court. Even after filing of this authorisation the workman raised a contention before the Labour Court saying that he was raising objection under Sec. 36 (4) of the Industrial Disputes Act. It was contended on behalf of the workman that