- (1.) These two petitions have been filed by certain employers, disputes in respect of whose concerns have been referred to the Industrial Tribunal under S. 4 K of the U. P. Industrial Disputes Act. The question in both the writ petitions is about the right of representation during the proceedings. As there are two references, two petitions have been filed. In Writ Petition No. 1376 of 1979 there are 30 petitioners while in Writ Petition No. 2156 of 1976 there are 17 petitioners. All these petitioners are co-operative societies. They have all sought to sue through the U. P. Co.operative Bank Ltd. which is an apex co-operative society.
(2.) These petitioners had sought to represent themselves through an officer of the U. P. Co-operative Bank Ltd. (hereinafter referred to as the Bank). The Industrial Tribunal held that he was not entitled to represent the various employers whose cases had been referred for adjudication. Against the orders passed in two references the Bank filed writ petition No 229 of 1976 This petition was dismissed on 27-1-1976. It was held that the Tribunal committed no error in holding that the apex body was not authorised to represent the various employers through its own officer. It was further observed that the Tribunal will consider the application if an officer of the petitioner Bank is authorised to represent the various employers. The various employers thereafter filed applications stating that they had resolved that Labour Law Officer of the U P. Co-operative Bank Ltd. is authorised to represent and contest the dispute before the Industrial Tribunal on behalf of the employers whose cases were before the Tribunal. The Tribunal again considered the matter and held that because the nominee Sri R. S. Kela was not the officer of the concerns whose cases were before the Tribunal, he could not represent the employer. Against this order passed in the two references the present two petitions have been filed.
(3.) Section 6-I of the U. P. Industrial Disputes Act provides foe representation of the parties before the Industrial Tribunal. Sub section (1) thereof runs as under: (1) "Subject to the provisions of sub-ss. (2) and (3) the parties to an industrial dispute may be represented before a Board, Labour Court, or Tribunal in the manner prescribed." The manner has been prescribed in Rule 40 of the U. P. Industrial Disputes Rules. The relevant portion thereof runs as under : "(ii) in the case of an employer, by (a) an officer of a union or association of employers of which the employer is a member, or (b) an officer of a federation of unions or associations of employers to which the union or association referred to in clause (a) above, is affiliated, or (c) by an officer of the concern, if so authorised in writing by the employer : Provided that no officer of a federation of unions shall be entitled to represent the parties unless the federation has been approved by the Labour Commissioner for this purpose.";