High Court Patna High Court - Orders

Alok Kumar Sinha vs The Presiding Officer, Labour on 15 April, 2011

Patna High Court – Orders
Alok Kumar Sinha vs The Presiding Officer, Labour on 15 April, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                LPA No.491 of 2011
                               ALOK KUMAR SINHA
                                        Versus
                        THE PRESIDING OFFICER, LABOUR
                                      -----------

3 15-04-2011 Heard the appellant who is an advocate and

appears in person. Also heard learned counsel for the

State Mr. A. Amanullah.

At this juncture I.A. no. 2538/2011 has fallen

for consideration. Through this I.A. the appellant has

sought leave of this court to maintain this appeal

although he was admittedly not a party to the writ

proceeding in which the order under appeal was passed

by a learned Single Judge.

From the judgement under appeal, it appears

that interpretation of Section 36 of the Industrial

Disputes Act fell for consideration and the view taken by

the learned Single Judge negatives the right of an

advocate to be a representative of a federation of

employers and participate in proceeding before the

Labour Court as an officer of such federation.

Considering that appellant is a practicing

advocate and he is keen to defend the rights of advocates
2

u/s 36 of the Industrial Disputes Act, leave to appeal is

granted.

Let the Letters Patent Appeal be listed for

admission before appropriate Bench along with

limitation matter.



                                 (Shiva Kirti Singh, J.)


BKS/-                            (Akhilesh Chandra, J.)