- (1.) THE petitioner-Pali Central Co-operative Bank Ltd. , Pali (for short "the Bank") has filed this petition under Article 226/227 of the Constitution and challenged the impugned order dated July 22, 1999 (Annexure-2) passed by the Industrial Tribunal, Jodhpur-respondent No. 1 granting an application of the respondent No. 2 workman prohibiting the petitioner Bank to contest the claim of the workman through its advocate.
(2.) LEARNED counsel Mr. Mehta for the Bank vehemently submitted that having granted implied permission to represent the Bank through a lawyer, it was not open to the learned Tribunal to revoke such permission by subsequent order dated July 22, 1999 on an application submitted by the workman. Mr. Mehta has taken me through the order-sheet at Annexure-1 dated June 22, 1998. The order-sheet dated June 22, 1998 shows that Mr. M. P. Srivastava, the representative of the workman, and Mr. R. K. Kapoor advocate presented his vakalatnama for the Bank. On subsequent date i. e. on July 31, 1998, on behalf of the workman, his representative Mr. M. P. Srivastava was present and for the Bank Mr. Onkar Singh was present and the reply was filed by the Bank.
(3.) THE order-sheet dated August 28, 1998 shows that Mr. M. P. Srivastava, the representative of the workman, was present and for the Bank, Mr. Sanjay Kapoor Advocate was present. On that day, on behalf of the workman, an affidavit was filed. On September 25, 1998, Mr. M. P. Srivastava, the representative of the workman, was present and Mr. Onkar Singh Cashier of the Bank was present for the Bank. On October 30, 1998, Mr. M. P. Srivastava the representative of the workman, was present and on behalf of the Bank, Mr. R. K. Kapoor Advocate was present. On December 23, 1998 Mr. M. P. Srivastava, the representative of the workman, was present and for the Bank, Mr. Kailash Chandra Vyas was present. From the order-sheet dated January 29, 1999, it appears that on behalf of the workman. Mr. Lalit Sharma appeared and filed his power in place of Mr. M. P. Srivastava and submitted an application under Section 36 of the Industrial Disputes Act, 1947 (for short "the Act") raising an objection that on behalf of the Bank, an Advocate cannot appear. Thereafter the matter was adjourned from time to time on March 26, 1999, May 14, 1999 and June 18, 1999 for one or the other reasons.;