31. The first judgment is Calicut Co-operative Milk Supply Union v. Calicut Co-operative Milk Supply Workers Union 1986(II) L.L.J. 422. In this case the Co-operative Society appeared through an Advocate and the Workers Union also appeared through an Advocate. After a few years the Union prayed that it be allowed to conduct the case without the consent of a lawyer and simultaneously objected to the Co-operative Society from being represented by its lawyer. This request was not allowed. The Kerala High Court came to the following conclusion:
In the case of Calicut Co-operative Milk Supply Union
(supra) at the initial stage, the petitioner and one of the respondents (first
respondent in that case) had engaged their learned Advocates, who had filed
vokalatnama on their behalf. Thereafter, the latter sought leave of the Court to
conduct the case without the assistance of a lawyer and prayer was made for
cancellation of the vokalatnama filed on its behalf. Simultaneous prayer was
made objecting to appearance of the writ petitioner through its Advocate. This
objection was sustained by the adjudicatory forum but the order of the
adjudicatory forum was set aside by the High Court, as it was opined by the
Hon'ble Single Judge hearing the case that the conduct of the said respondent
amounted to revocation of the consent already given. None of these authorities
assist the petitioner's case, in its own factual context.
In a
similar circumstance, a single judge of Kerala High
Court in the case of Calicut Cooperative Milk
Supply Union v. Calicut Cooperative Milk Supply
Workers' Union 1986 LAB 1.C. 1981 has held that
consent can be inferred from the conduct of the
party and the consent once given by a party
entitling the other party to be represented in the
proceedings by an advocate would ensure to his
benefit till the proceedings are finally disposed.
This Court referred
to the judgment in the case of Calicut Cooperative Milk Supply Union v.
Calicut Cooperative Milk Supply Workers' Union 1986 Labour
Industrial Cases 1681, wherein, it was held that consent can be inferred
from the conduct of the parties and the consent once given by a party
entitling the other party to be represented in the proceedings by an
advocate would enure to his benefit till the proceedings are finally
disposed.
This Court referred
to the judgment in the case of Calicut Cooperative Milk Supply Union v.
Calicut Cooperative Milk Supply Workers' Union 1986 Labour
Industrial Cases 1681, wherein, it was held that consent can be inferred
from the conduct of the parties and the consent once given by a party
entitling the other party to be represented in the proceedings by an
advocate would enure to his benefit till the proceedings are finally
disposed.
This Court referred
to the judgment in the case of Calicut Cooperative Milk Supply Union v.
Calicut Cooperative Milk Supply Workers' Union 1986 Labour
Industrial Cases 1681, wherein, it was held that consent can be inferred
from the conduct of the parties and the consent once given by a party
entitling the other party to be represented in the proceedings by an
advocate would enure to his benefit till the proceedings are finally
disposed.