Whether section 36 of id act amended and whether an award after enforcement date can be reviewed
S Kumar
(Querist) 12 October 2014
This query is : Resolved
Respected experts,
I want to ask that earlier practicing advocates representing a company were not allowed to appear in labour court proceedings without the consent of workman and Labour Court.
Now whether in 2014 this condition of section 36 have been abolished by any amendment.
Further can a party against whom a labour court award have been published as well as got enforced after 30 days of publication can go for its review in the same labour court or different labour court or it have no option but to file writ only in High Court.
thanks
s.kumar
Kumar Doab
(Expert) 12 October 2014
>>> The following may be useful for you:
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).10138/2010
(From the judgement and order dated 13/11/2009 in LPA No. 250/2009 in
CWP No. 4322/2007 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)
Hygienic FoodsAppellant
VERSUS
Jasbir SinghRespondents
JUDGEMENT
MARKANDEY KATJU, G.S.MISRA -
( 1. ) HEARD learned Counsel for the appearing parties. In this case, the Petitioner has challenged the impugned Judgment of the High Court of Punjab & Haryana dated 13* November, 2009 by which the High Court held that a lawyer cannot appear before a Labour Court/Industrial Tribunal under the Industrial Disputes Act without the consent of the workman and the leave of the Court in view of Section 36(4) of the Industrial Disputes Act.
( 2. ) WE , prima facie, are of the opinion that this provision in the Industrial Disputes Act debarring the lawyers from appearing before the Labour Court/Industrial Tribunal is unconstitutional being violative of Articles 14 and 19(1)(g) of the Constitution of India. This is because industrial law has become so complex that a layman cannot possibly present his case properly before the Labour Court/Industrial Tribunal
The above observation of the apex court can be viewed at:
https://docs.google.com/document/d/1LbQZ0TqaTjs9X35R61GuAGL-kmehuwnjOCxMMzNLv6Q/edit?authkey=CNaOwJwN&hl=en&pli=1
http://www.the-laws.com/Encyclopedia/Browse/ShowCase.aspx?CaseId=001102025000
>>> {Punjab-Haryana High Court
M/S Hygienic Foods Malerkotla ... vs Jasbir Singh And Others on 13 November, 2009
cam be viewed at:
http://indiankanoon.org/doc/554086/?type=print}
Valuable advice of learned experts is sought.
Kumar Doab
(Expert) 12 October 2014
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