Bharat Heavy Electricals Limited v. K Balu
2025:MHC:2429
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.10.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE R.SAKTHIVEL and CMP.Nos.25430 and 25431 of 2025 M/s.Bharat Heavy Electricals Limited, Rep. By its Assistant General Manager (HR), Thiruchirapalli-620 014 ... Appellant Vs.
K.Balu ... Respondent PRAYER: Appeal is filed under Clause 15 of the Letters Patent, praying to set aside the impugned order dated 20.08.2025 passed in W.P.No.27260 of 2025 and consequently, direct the appellant to engage the Legal Practitioner/Advocate on their behalf in I.D.No.62 of 2013 pending on the file of the Central Government Industrial Tribunal cum Labour Court, Chennai.
For Appellant : Mr.N.Nithianandam
JUDGMENT
(Judgment of this Court was delivered by M.S.RAMESH.J) This Writ Appeal has been filed to set aside the impugned order dated 20.08.2025 passed in W.P.No.27260 of 2025 and consequently, direct the appellant to engage the Legal Practitioner/Advocate on their behalf in I.D.No.62 of 2013, pending on the file of the Central Government Industrial Tribunal cum Labour Court, Chennai. 2.Under Section 36(3) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'), there is a bar for any of the parties to the Industrial Dispute to engage a legal practitioner. Before the Writ Court, the Management had claimed that the workman had given consent to them, as required under Section 36(4) of the Act, for engaging a legal practitioner. However, the document dated 31.07.2014 referred to by the learned counsel for the Management, claiming it to be a consent, does not reveal any such consent, but appears to be a simple receipt of Rs.10,000/-, received on behalf of the Management.
3. In the absence of any explicit consent given by the workman and
in view of the specific bar under Section 36(3) of the Act, we do not find any reason to interfere with the order of the Central Government Industrial Tribunal dated 07.07.2025, as well as that of the learned Single Judge made in W.P.No.27260 of 2025 dated 20.08.2025.
4. Accordingly, the Writ Appeal stands dismissed. No Costs. Consequently, connected miscellaneous petitions are closed. [M.S.R., J] [R.S.V.,J] 16.10.2025 Index: Yes/No Speaking/Non-speaking order Anu M.S.RAMESH, J.
and
R.SAKTHIVEL , J.
Anu and CMP.Nos.25430 and 25431 of 2025 16.10.2025