Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U.P. Industrial Disputes Rules Labour laws Industrial Tribunal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Labour laws:Representation of workers before Industrial Tribunal - Non-declaration of 113 workmen as permanent from the date of their employment - Meeting of the workmen involved in the controversy convened in which 71 of the 113 workmen resolved that, they would henceforth be represented by 5 of the workmen - Representation of 5 workmen (respondents) out of 113 workmen before the Industrial Tribunal - Competence of respondents to be represented before the Tribunal challenged by the management - Whether s. 6-1 of the U.P. Industrial Disputes Act, and r.40 of the U.P. Industrial Disputes Rules, would be applicable in a situation where the workmen choose to present their case before the Industrial Tribunal, by themselves or by choosing a few amongst themselves on behalf of themselves - Held: s. 6-1 and Rule 40 would be applicable, only in a situation where the workmen choose to be represented through a third party before the Industrial Tribunal - These provisions would be inapplicable, when the workmen choose to present their own case by themselves - In the instant situation, none of these provisions would be invoked - The choice of an individual to represent himself in a dispute before a Court or a Tribunal, is a vested inherent right - It is only the privilege of being represented through someone else, that needs the sanction of law - s.6- 1, as also, Rule 40 de-alienate the extent to which the privilege can extend - Uttar Pradesh Industrial Disputes Act, 1947 - s.6-1 - Industrial Disputes Rules -r.40 (1)(i)(c).Representation of workers before Industrial Tribunal - Held: In case where more than one persons are involved collectively on the same side, it is open to them to choose one of more amongst themselves, to represent all of them - Such provision is also found incorporated under Order 1 Rule B VII/ of the CPC - Code of Civil Procedure, 1908 - Or.i Rule 8 |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2014 INSC 547 |
Petitioner | India Yamaha Motor Pvt. Ltd. |
Respondent | Dharam Singh & Anr. |
SCR | [2014] 10 S.C.R. 587 |
Judgement Date | 2014-08-20 |
Case Number | 2393-2394 |
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