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Infar (India) Ltd. vs Madan Mohan Ghosh And Ors. on 15 May, 2000

14. Our attention was also invited to a decision of the Gujarat High Court by a single Bench judgment in J. B. Transport Company and Ors. v. Shankarlal @ Mavaram Nathuji Patel 2000-I-LLJ-442 (Guj). In this case, Sri S.B. Sharma, who was a General Secretary of Akhil Gujarat Employers' Association was representing the petitioner/employer being a member of the Akhil Gujarat Employers Association in his capacity as an officer of the said association. This was objected before the Tribunal and Tribunal upheld the objection; same was upheld by the learned single Judge of Gujarat High Court. However, with great respect we do not agree with the view taken by the learned Judge.
Calcutta High Court Cites 12 - Cited by 3 - A K Mathur - Full Document

Rajya General Kamdar Mandal & 2 vs Member Or Her Sucessor In Office As & on 9 March, 2015

4.4 Learned advocate for the respondent No.2 then submitted that decision of the Karnatak High Court in B. Yellapa (Supra) relied on by the Union was also taken before the Supreme Court by way of Civil Appeal No.3784 of 2010 and the order was passed. in which the Supreme Court did not stay the proceedings before the Labour Court in respect of which the High Court interpreting Section 36(4) of the Act opined that the management is entitled to be represented by a legal practitioner who is an office bearer of an Association or Federation of employers notwithstanding that the authorized person is a legal practitioner, for the stipulation incorporated in sub- section (4) of Section 36 would not act as a bar. The Supreme Court directed the proceedings before the Labour Court to continue on condition that no side shall be represented before it by any practicing lawyer or any one who has a subsisting and alive Page 9 of 20 C/SCA/3059/2015 CAV JUDGMENT licence granted by any Bar Councils under the Advocates Act.
Gujarat High Court Cites 32 - Cited by 2 - N V Anjaria - Full Document

Maheshbhai Punjabhai Thakor vs Pramod Trading Company & Anr. ... on 20 October, 2015

3. On the other hand, learned advocate for the respondent has submitted that Section 36(4) of the Industrial Disputes Act, 1947 Page 2 of 6 HC-NIC Page 2 of 6 Created On Tue Oct 27 00:27:29 IST 2015 C/MCA/730/2015 ORDER is quite clear and therefore there was no occasion for the Labour Court to grant sanction ignoring the objection of the respondent and therefore Labour Court has not committed any error. Reliance is placed on the decisions of the learned Single Judge and the Division Bench in the case of J.B.Transport Company vs. Shankarlal @ Mavaram Nathuji Patel in Special Civil Application No.2687 of 1998 dated 22.07.1998 as confirmed by the Division Bench in the Letters Patent Appeal No.1101 of 1998 vide order dated 09.12.1998. It is submitted that this petition be dismissed.
Gujarat High Court Cites 5 - Cited by 0 - P Upadhyay - Full Document

Pramod Trading Co vs Maheshbhai Punjabhai Thakor & Ors on 17 October, 2014

3. On the other hand, learned advocate for the respondent has submitted that Section 36(4) of the Industrial Disputes Act, 1947 is quite clear and therefore there was no occasion for the Labour Court to grant sanction ignoring the objection of the respondent and therefore Labour Court has not committed any error. Reliance is placed on the decisions of the learned Single Judge and the Division Bench in the case of J.B.Transport Company vs. Shankarlal @ Mavaram Nathuji Patel in Special Civil Application No.2687 of 1998 dated 22.07.1998 as confirmed by the Division Bench in the Letters Patent Appeal No.1101 of 1998 vide order dated 09.12.1998. It is submitted that this petition be dismissed.
Gujarat High Court Cites 5 - Cited by 1 - P Upadhyay - Full Document
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