- (1.) In this writ petition, DVC Staff Association represented through its Kolkata Committee, the Petitioner No. 1 a registered Union under the Trade Unions Act, 1926 and the Petitioner No. 2, the Secretary of the Kolkata Committee of the Petitioner No. 1-have challenged the order dated March 3, 2008 passed by the learned 1st Industrial Tribunal in Case No. VIII-18/06 G.O. 254 IR dated February 24/27, 2006 and the letter of authority filed by the Damodar Valley Corporation (for short 'DVC), the Respondent No. 1 authorising two persons, who are learned advocates, to represent the said Respondent. The main ground of challenge is that though Section 36(2)(a) of the Industrial Disputes Act, 1947 (for short the I.T. Act).
(2.) Learned advocate appearing on behalf of the Respondent No. 1 relying on the affidavit-in-opposition submitted that since the issue whether the Petitioner No. 1 is an association of employers' or not was not raised before the learned Tribunal, it cannot be raised at this stage. Besides, from a perusal of the documents filed before the Tribunal it is evident that it is an association of employers. Had it been raised before the Tribunal it could have been proved that it is an association of employers. Moreover, that the representatives are the officers of the employers' association is evident from the documents filed by the DVC which have been appended to the writ petition, the veracity of which have not been challenged. That apart, being officers of the employers' association, the two authorized representatives appeared not as legal practitioners but as officers of the said association. Referring to the annexures it is submitted that Rule permits for an individual to become a member of the association. So far as the question regarding the fact whether DVC is a member or not, it is submitted that evidently DVC applied for membership on January 19, 2007. Therefore, there is no perversity in the order under challenge.
(3.) Learned advocates for the parties have relied on several judgments in support of their respective submissions.;