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1998 Supreme(Ker) 512

J.B.KOSHY
Francis Gomez – Appellant
Versus
State of Kerala – Respondent


Judgment :-

J.B. Koshy, J.

Two main questions are raised in this original petition: (1) Whether consent as envisaged under S.36(4) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'The Act') to legal practitioners to appear in a proceeding before the Labour Court can be implied on the facts and circumstances of the case; and (2) Whether consent once given can be revoked at a later stage.

2. An industrial dispute was raised by an employees union regarding termination of services of certain employees of the canteen run by Kerala Financial Employees Cooperative Society Ltd. In the array of parties petitioners are made parties as representing the management. The industrial dispute was numbered as I.D. No. 27 of 1992. The first posting of the case was on 6.3.1992. On that day itself Advocate Sri. M.S. Vijayachandra Babu filed vakalath for the management. Union was represented by the President of the Union who also happened to be a practising advocate. The case was adjourned to 10.4.1992 and there were several subsequent postings. On the sixth posting an oral objection was raised by the Union regarding representation of the management by a lawyer. S.36(4) of the Industrial







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