Implied consent of the authorized representative can validate the representation of the employer by a legal practitioner before the Tribunal.

JUDGMENT :

Sureshwar Thakur, J.

Since common questions of fact and law stand raised for consideration in all the petitions, hence they are taken up together for disposal.

2. The Labour Court-cum-Industrial Tribunal, Dharamshala (hereinafter referred to as “Tribunal”) stood transmitted by the labour Commissioner, H.P the hereinafter extracted references for rendering of adjudications thereupon :-

CMPMO No. 306 of 2014& CMPMO No.138 of 2015 :

“Whether termination of the services of Sh. Janak Raj S/o Sh. Uttam Chand, R/o V.P.O. Kalruhi, Tehsil Amb, District Una, H.P. w.ef. 12-7-2012 by and Employer/Factory Manager. M/s Him Cylinders Limited, Plot No.1 to 4, Industrial Area Amb, District Una, H.OP. (present office), the Employer/Managing Director, M/S Him Cylinders, D-9 Udyog Nagar, Rohatak Road, New Delhi-110041 (Corporate Office), without complying with the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not, what amount back wages, seniority, past service benefits and compensation the above worker is entitled to from the above employer?”

CMPMO No.316 of 2014

“Whether termination of services of Sh. Praveen Kumar S/o Sh. Bishan Dass, Village Bhavran/Kangrui, Tehsil Amb, Distt. Una, H.P. by the Managing Director, M/s Him Cylinder Ltd. Plot No.1-4, Industrial Area, Amb, Tehsil Amb, Distt. Una, H.P. during December, 2011 without complying with the provisions of the Industrial Disputes Act, 1947, as alleged by workman, is legal and justified? If not, what amount of back wages, salary, seniority, past service benefits and compensation the above worker is entitled to from the above employer/management?”

3. Claim petitions stood instituted before the learned Tribunal by the workmen/respondent (s) herein (hereinafter referred to as 'workmen’) through their authorized representatives. On the respondent/petitioner herein standing served On 14.10.2013 /11.11.2013 /21.5.2015,respectively, an appearance/representation on its behalf was put in before the learned Tribunal by Sh. Onkar Singh, Advocate. Continuously therefrom appearances on behalf of the petitioner herein stood recorded before it by Shri Onkar Singh, Advocate uptill the decision rendered by the Tribunal on an application preferred before it under Section 36 (4) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) by the A.R. for the workmen for debarring Sh. Onkar Singh, Advocate to record his appearance before it as counsel for the respondent/petitioner herein (hereinafter referred to as 'management/employer’).

4. The A.R. for the workmen omitted to thereat record his protest against the representation of the management before the learned Tribunal by Sh. Onkar Singh, Advocate, even at the time of furnishing of reply (s) by the management through their legal practitioner before the learned Tribunal to the respective claim petitions standing instituted before it by the workmen besides at the time of striking of issues inter se the parties at lis, evidently no demur emanated on the part of the A.R. for the workmen qua the unauthorized representation of the management before the learned Tribunal through a legal practitioner aforesaid arising from the factum of his not falling within the categories of persons ordained in sub clauses (a), (b) & (c) of sub-section (2) of Section 36 of the Act, categories whereof of persons alone stand validly empowered to represent it before the learned Tribunal, hence enjoining the legal practitioner for validating his representation on behalf of the management before the learned Tribunal to prior thereto obtain an express consent of the AR for the workmen which however remained un-purveyed by the latter to the legal practitioner, hence may be invalidated his representation on behalf of the management before the learned Tribunal.

5. For reiteration, a grievance stood ventilated therein of Sh. Onkar Singh, Advocate though competent to make a representation on behalf of the employer/management before the learned Tr