Bharat Heavy Electricals Limited v. K Balu
Writ Appeal dismissed – Industrial Disputes Act, 1947, Sections 36(3) and 36(4)
Case brief
What is this about?
Madras High Court, W.A.No.3133 of 2025 (decided 16.10.2025, coram M.S. Ramesh and R. Sakthivel JJ.; neutral citation 2025:MHC:2429): Bharat Heavy Electricals Limited v. K.Balu — Section 36(3) bar under Industrial Disputes Act, 1947 on parties engaging legal practitioners; alleged workman consent under Section 36(4) rejected as document dated 31.07.2014 was a mere receipt of Rs.10,000/-; refusal to permit advocate in I.D.No.62 of 2013 before CGIT cum Labour Court, Chennai upheld; writ appeal and connected CMP.Nos.25430 and 25431 of 2025 dismissed/closed.
What did the court decide?
The document dated 31.07.2014 relied upon by the Management as the workman's consent under Section 36(4) does not reveal any such consent; it appears to be a simple receipt of Rs.10,000/- received on behalf of the Management, so there was no explicit consent by the workman to the engagement of a legal practitioner.