An employee's consent to representation by counsel can influence the court's decision regarding procedural rulings in labor disputes.

ORDER

This writ petition has been filed seeking to quash the order dated

13.02.2025 passed in III Additional Labour Court, Tamil Nadu, Chennai made in I.A.No.1 of 2024 in O.P.No. 99 of 2024.

2. It is the case of the petitioner that the petitioner company was incorporated under the Company's Act and the company is in the field of marketing the Pharmaceutical products. The respondent has been appointed as Scientific Sales Executive in the level O3 and his gross salary was Rs.16,400/- per mensem apart from all other perquisites at the time of his joining. Currently, he is drawing a salary of Rs.35,367/- per mensem in the grade of L1-1 and his present designation is Scientific Sales Executive. Subsequently, a charge sheet was issued to the respondent on 02.08.2023. Being not satisfied with the reply given by the respondent, the petitioner management initiated an enquiry and though after giving several opportunities, the respondent has not attended the enquiry except for two hearings. Subsequently, the respondent raised a dispute u/s.2A before the Labour Court and had initiated an interim application u/s.36 of the Industrial Disputes Act in I.A.No.1 of 2024 in O.P.No.99 of 2024 seeking to dismiss the vakalat filed by the counsel for the petitioner, restraining him from appearing through counsel, however, the said application was allowed vide order dated 13.02.2025. Challenging the same, the present writ petition has been filed.

3. Though very many grounds have been raised by the learned counsel on either side in the present writ petition, however, the learned counsel for the respondent at the time of arguments submitted that the respondent is ready to give consent for filing of vakalat by the counsel for the petitioner management.

4. In view of the consent expressed by the learned counsel for the respondent, this writ petition is allowed and the order dated 13.02.2025 passed by the learned III Additional Labour Court, Chennai in I.A.No.1 of 2024 in O.P.No.99 of 2024 is set aside and the matter is remanded to Labour Court. The Labour Court is directed hear the matter in O.P.No.99 of 2024 and pass appropriate orders as expeditiously as possible. No costs. Connected miscellaneous petitions are closed.

23-04-2025 Note: Issue order copy today i.e.,23.04.2025 RAP Index:Yes/No Neutral Citation:Yes/No M.DHANDAPANI J.

RAP

23-04-2025