now a days labour law become a very technical and representation through a lawyer from etither party it is the workman or the employer become necessary
it is seen from experiences that a few labour leader who are also encroaching the labour authorites and courts raise such question of represenstation with their ulteriour motive , this practice only delays the matter pending years to years , but law is very simple either party can be represented by the lawyer with the consent of the othere party and with the leave ot the concerned court .
Hon'ble Justice M Katju in a case while he was in high court at
Allahabad decided this question and declared the provisions under section 6 I of UPID act as well secton 36 of ID act are unconstitutional .
I.C.I INDIA LTD AND PRESIDING OFFICER LABOUR COURT IV AND ANOTHER
in this judgment para 3 is most reslevant one : a counter affidavit has been filed by the respondent 3and4 and i have heard the consel for the petitioners and respondents 2 . in my opinion section 6 I (2) if YO act as well as secton 36 (4) of Central Act are ultra vires articles 14 and 19 (1) G of the Constitution of India and are consequentially illegal , it is well known that Industrial law is a complicated branch of law and only persons who have knowledge of labour laws and also some practical experience can properly represent the parties before the labour Courts and Tribunlal . The Principle of labour laws are quiet different from the principles of ordinary civil law, and what to say of a lay man evern an ordinary civil lawyer, unless he has studied labour law can not properlly represent the case before the labour court and Tribunal. for example it is an extablished principles in the labour that the labour court has got powers which no civil court got e.g. to create contracts, and to enorce contracs of personal service . labour law is largely judge made lasw and hence only apoersoj who has studied this branch of law can peoperly represent a party before the labbour court ,it has become a highly technical branch and only trained person can properly assist the court inthe matter , hesnce to debar lawyers merely because the opposite party objects is wholly unreasonable and arbitrary
Thus the provisions regarding representation is wholly a matter of discussion and a serious views are invited in this matter again in the light of this judgment and if this case is any where quashed pl cite that case and your valuable view on this part.