Dismissed

M/S.Ofdc Ltd. v. Laxmidhar Pradhan

Orissa HC24 Mar 2021WP(C)/20006/2013

Case brief

AI extract

What is this about?

This judgment allows a workman in an industrial dispute to engage a lawyer of his choice, rejecting the Management's contention that their authorized legal representative suffices. The court directed the Labour Court to expedite the disposal of the pending case within three months to prevent further injustice to the workman.

What did the court decide?

The workman is entitled to engage a counsel of his own choice, and the Labour Court must dispose of the I.D. case within three months.

M/S.Ofdc Ltd. Vs Laxmidhar Pradhan — Labour and Industrial Disputes | Orissa HC (2021)

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W.P.(C) No.20006 of 2013

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P R E S E N T :

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SHRI JUSTICE S. K. MISHRA AND MISS JUSTICE SAVITRI RATHO

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________________________________________________

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M/s. Orissa Forest Development Corporation Limited …… Petitioner. - VersusLaxmidhar Pradhan …… Opp. Party.

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For Petitioner : Mr. Somanath Mishra, G. Tripathy and K.R. Mohanty For Opp. Party : Mr. S.K. Das.

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O R D E R

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24.03.2021

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This matter is taken up by Hybrid mode.

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Heard Mr. S. Mishra, learned counsel for the Petitioner-Management and Mr. S.K. Das, learned counsel for the Opposite Party-Workman.

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In this writ petition, the Petitioner being the Management under which the Opposite Party was working as Workman has assailed the order dated 17.06.2013 passed by the learned Presiding Officer, Labour Court, Bhubaneswar in I.D. Case No.28 of 2005 whereby the learned Presiding Officer allowed the Workman to engage a Lawyer to plead for him in the Labour Court.

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Learned Presiding Officer, Labour Court, Bhubaneswar held that it appears from the record that the Management i.e. M.D., O.F.D.C. Ltd. authorized Sri Ashok Swain, the Law Officer to represent the Management in that case and accordingly, the ‘G’ Form was accepted. The Workman being an illiterate rustic having no knowledge about the procedure/ law should be allowed to engage a Lawyer of his choice and, therefore, the learned Presiding Officer allowed the application of the Workman.

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Mr. S. Mishra, learned counsel for the Petitioner draws our attention to Section 36 (4) of the Industrial Disputes Act, 1947 which provides that a party to a dispute in a proceeding before a Labour Court , Tribunal or a National Tribunal 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.

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It is not disputed at this stage that the person who has been appointed to represent the Management before the Labour Court is a law knowing person having experience in legal matters. In such a situation, the Management has not justified in not extending their consent for engagement of a Lawyer by the poor Workman.

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Therefore, we are inclined to reject the writ petition.

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The Opposite Party- Workman shall be entitled to engage a counsel of his own choice.

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Since the case is an old one and the Workman has been suffered, it is further directed that the Labour Court shall take expeditious steps for disposal of the aforesaid I.D. Case preferably within a period of three months of receipt/ production of certified copy of this order along with a copy of the brief.

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This order be communicated to the appropriate forum forthwith.

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Urgent certified copy of this order be granted on proper application.

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…………………… ( S. K. Mishra) Judge

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….………………… (Savitri Ratho) Judge

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M/S.Ofdc Ltd. v. Laxmidhar Pradhan

Case brief

What is this about?

What did the court decide?

M/S.Ofdc Ltd. v. Laxmidhar Pradhan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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