K.CHANDRU
The Management Hindustan Motors Earth Moving Equipment Division Limited – Appellant
Versus
The Presiding Officer, Principal Labour Court, Chennai & Others – Respondent
Common Order:
Writ Petition Nos.20933 & 23606 of 2006 have been filed against the order of the Labour Court/first respondent made in I.A.No.117/2006 in I.D.No.514/2001 dated 16. 2006 and the other four writ petitions were filed against the order in I.A.Nos. 68 to 71 of 2005 in C.P.Nos.209 of 2004, 214 of 2004, 455 of 2004 and 456 of 2004 respectively to quash the identical order dated 03. 2006 and also to declare Section 36
(4) of the Industrial Disputes Act, 1947 [for short, I.D. Act] as ultravires of Articles 14 and 19(1)(g) of the Constitution of India.
2. It is seen from the records that the second respondent workman engaged an authorised representative to defend him in I.D.No.514/2001, relating to his nonemployment. The writ petitioners were represented by a counsel and they filed Vakalat as early as on 23. 2002. After 55 adjournments of the case, the workman filed an application in I.A.No.117/2006 objecting to the writ petitioner/management being represented by a legal practitioner, taking advantage of section 36(4) of the I.D.Act. This was resisted by a counter affidavit filed by the writ petitioner/management stating that the fact relating to the objection has b
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