Umesh Chandra Benerjee, J. - (1.) The petitioner, Globe Theatre (Private), Ltd., is a company under the Indian Companies Act, having its branch office and cinema hall at 7E. Lindsay Street, Calcutta. The company was engaged mainly in exhibiting cinema films in its cinema hall in Calcutta by the name, Globe. By an agreement, dated 3 April 1970, the management of the petitioner-company was transferred to 20th Century Fox Corporation (India) (Private), Ltd., and upon transfer of the management, some of the employees including respondent 3 were terminated on the basis of the agreement referred to above. Though the respondent 3 said to be not a workman within the meaning of the Industrial Disputes Act, 1947, but compensation in accordance with the provisions of S. 25F of the Industrial Disputes Act was duly paid and accepted by respondent, 3. After however, acceptance of the compensation under S. 25F of the Act, respondent 3 raised an industrial dispute challenging the order of termination of services and by an order, dated 28 April 1971, the Government of West Bengal, Labour Department, referred the dispute under S. 10 read with S. 2A of the Industrial Disputes Act to the Second Labour Court, West Bengal, for adjudication.
(2.) Before the Tribunal the parties duly submitted their respective written statements. The petitioner herein, however, raised a preliminary objection on the ground that respondent 3 is not and cannot be also deemed to be a workman, as such the question of industrial dispute does not and cannot arise.
(3.) The petitioner-company directed its labour consultant, Sri B. K. Mukherjee, who is also an advocate, to represent the case before the Labour Court. The respondent 3, however, objected to such a representation and the Second Labour Court upheld the objection. Thereafter the petitioner company authorised one Sri K. M. Sen, vice-president of the Employers' Association, to represent its case which was also objected by respondent 3. By an order, dated 25 July 1985, being Order 128, the Second Labour Court held that Sri K. M. Sen is not an officer of the said Eastern India Motion Picture Association of which the petitioner is a member and as such it cannot be said that the representation of the company by Sri K.M. Sen is covered by Sections 36 (2) (a), 36(2)(h) and 3c(2)(c) of the Industrial Disputes Act and hence the company cannot be allowed to be represented through Sri K. M. Sen. Subsequently, a review petition was filed before the Second Labour Court, inter alia, contending that Sri K.M. Sen is a vice-president of the Employers' Association of India and the petitioner apart from being a member of Eastern Motion Picture Association is also a member of the Employers' Association of India and as such in terms of provisions of S. 36 (2) of the Industrial Disputes Act, Sri K.M. Sen ought to be allowed to represent the case of the company before the Second Labour Court. The review petition, however, was also rejected by an order, dated 30 August 1981 being order 129. It is the order of rejection of the petitioner's application for being represented by Sri K. M. Sen that is under challenge in this writ petition. Section 36 of the Industrial Disputes Act provides : "36 Representation of parties.(I) A workman who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by (a) any member of the executive or other office-bearer of a registered trade union of which he is a member; (b) any member of the executive or other office-bearer of a federation of trade unions to which the trade union referred to in Cl,{a) is affiliated ; (c) where the worker is not a member of any trade union, by any member of the executive or other office-bearer of any trade union connected with, or by any other workman employed in the industry in which the worker is employed and authorised in such manner as may be prescribed. (2) An employer who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by (a) an officer of an association of employer of which he is a member ; (b) an officer of a federation of association of employers to which the association referred to in Cl. (a) is affiliated ; (c) Where the employer is not a member of any association of employers, by an officer of any association of employers connected with , or by any other employer engaged in, the industry in which the employer is engaged and authorised in such manner as may be prescribed. (3) No party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation proceeding under this Act or in any proceedings before a Court. (4) In any proceeding before a Labour Court, Tribunal or National Tribunal, a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and with the leave of the Labour Court, Tribunal or National Tribunal, as the case may be.;