Defence representative for a workman is not permissible under inquiry proceedings : Bombay HC
Lawyer shows the scales of justice in hand on a blurred background.
TITLE : Ajit Bhagwan Sawant V M/s Parveen Industries Pvt Ltd.
CORAM : Hon’ble Justice Sandeep V Marne
DATE : 8th January 2024
CITATION : WP No. 11801 Of 2023
FACTS
The primary issue in the petition is about right of a workman to avail services of a legal practitioners to defend himself in the inquiry process by the labor officer. The appeal is on the basis of the industrial court rejecting the application for permission to defend the workman. The petitioner is working in the defendant company and has been subjected to domestic inquiry. The inquiry officer is a person practicing law and is a qualified advocate. The petitioner claim that the inquiry officer hurried the proceeding without granting enough opportunity to defend him. The petitioner had filed for an interim application under Section 30(2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.
LAWS INVOLVED
Bombay Industrial Employment (Standing Orders) Rules 1959 gives the power to another workman or trade union member to defend a workman under enquiry.
Section 21 of the MRTU and PULP act, no workman shall be allowed to appear or act or allowed to be represented in any proceedings relating to unfair labour practices.
ISSUES
Whether the employee can be permitted to engage services of a legal practitioner as a defence representative?
JUDGEMENT
Under the Model Standing Orders imposes a restriction on the right of the workman to choose his defence representative. The court held that the employer has the right to impose such restriction. Further, it was held that as per the provisions of Clause 25 of the Model Standing Orders the defence representative can only be a workman working in the same department or an office-bearer of trade union of which he is a member.
The advocate is not appointed by the company and not an employee of the respondent company.
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Written by- Sanjana Ravichandran