SARBESWAR BARDOLOI Vs. U.K. GOHAIN, JUDGE, INDUSTRIAL TRIBUNAL AND ANR.

JUDGEMENT

(1.) SARBESWAR Bardoloi, Secretary, Golaghat Jilla Chah Majdur Sangha has petitioned under Articles 226 and 227 as a representative of the workmen of the Kumaligarh and Barchapori Tea Estates for suitable reliefs against the order of Sri U.K. Gohain, Judge, Industrial Tribunal, Assam, dated 19 -6 -1954, by which the learned Judge held that Mr. Goswami could represent the Jorhat Tea Company, Ltd, the employers, by virtue of his position as legal adviser of the Indian Tea Association, Assam Branch.

(2.) THE facts leading to the petition may be shortly stated. After the passing of the Minimum Wages Act (Act 11 of 1948) by the Central Government, the State of Assam framed rules for giving effect to the provisions of the Act within the State and laid down the principle for fixation of minimum wages for the workmen in the Tea Gardens of Assam. The provisions contained in the rules gave rise to a dispute between the Company and the workmen of the Company employed on its two estates over the interpretation and import of the rules governing the fixation of wages. The dispute was referred to respondent, No. 1, Shri U. K. Gohain, Judge, Industrial Tribunal for an adjudication by a notification dated 6 -2 -1954. The workmen were represented in the proceedings by the office bearers of their Union. On behalf of the employers (respondent 2), Mr. P.K. Goswami, Advocate appeared along with Mr. Gunjanan Barua. They filed a written authority from the Superintendent of the Jorhat Tea Company.

(3.) OBJECTION against the representation of employers by Mr. P.K. Goswami was raised on the basis of provisions contained in Section 36(4) of the Industrial Disputes Act, 1947. Clause 4 of Section 36 provides that