High Court Kerala High Court

S. Anilkumar vs The Presiding Officer on 3 September, 2008

Kerala High Court
S. Anilkumar vs The Presiding Officer on 3 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31747 of 2005(D)


1. S. ANILKUMAR, AGED 40 YEARS,
                      ...  Petitioner

                        Vs



1. THE PRESIDING OFFICER,
                       ...       Respondent

2. QUILON AUTOMOBILE EMPLOYEES CO-OPERATIVE

                For Petitioner  :SRI.H.B.SHENOY

                For Respondent  :SRI.SIJU KAMALASANAN

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :03/09/2008

 O R D E R
                              S. Siri Jagan, J.
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                     W. P (C) No. 31747 of 2005
               =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                 Dated this, the 3rd    September, 2008.

                             J U D G M E N T

While I.D.No. 54/1996 was pending before the Labour Court,

Kollam, the petitioner in this writ petition, who was the workman

therein, was dismissed from service after conducting an enquiry.

Alleging violation of Section 33(2)(b) of the Industrial Disputes Act,

the petitioner filed a complaint under Section 33A of the Industrial

Disputes Act, which was numbered as I.D.No. 23/2000. When that

I.D came up, the petitioner herein raised a contention that the

management in the I.D cannot be permitted to be represented by a

lawyer since the union is not represented by a lawyer. By Ext. P4,

the Labour Court permitted the management to be represented by a

lawyer. That order is under challenge in this writ petition.

2. I had granted stay of further proceedings in that I.D in this

writ petition. While so, the Labour Court passed award in I.D.No.

54/1996, which was challenged before me by the Union in W.P(C) No.

32425/2004. I quashed the award in that I.D by judgment dated 17-

6-2008 and directed re-adjudication of that I.D along with I.D.No.

23/2000. In that judgment, I directed the Labour Court to pass fresh

award within four months from the date of receipt of a copy of the

judgment. On receipt of the said judgment, the Labour Court

informed the registry that there is stay of further proceedings in

I.D.23/2000 in this writ petition and therefore further directions may

be issued in that regard. It is under the above circumstances, this

writ petition comes up for hearing before me.

3. I have heard the learned counsel for the petitioner.

4. The only issue involved in this writ petition is as to whether

the management can be permitted to have the services of an advocate

in conducting the I.D. From the award in I.D.No. 54/1996, I find that

in that I.D, the management was permitted to engage an advocate and

W.P.C. No. 31747/2005 -: 2 :-

the advocate actually conducted the I.D. Since I had directed that

both these I.Ds be adjudicated together, there is no point in further

considering the validity of Ext. P1 order in I.D.No. 23/2000.

Accordingly, I close this writ petition with the observation that

the advocate appearing in I.D.No. 54/1996 can represent the

management in I.D.No. 23/2000 also. In view of the fact that more

than two months have elapsed since I passed the judgment in W.P(C)

No. 32425/2004, I direct that the awards in both the I.Ds shall be

passed within four months from the date of receipt of a copy of this

judgment.

Sd/- S. Siri Jagan, Judge.

Tds/

[True copy]

P.S to Judge.