Sri Karthikeya Spinning & Weaving vs The Deputy Chief Inspector Of Factories on 23 June, 2023
17. As pointed out above, under Section 36(4) of the Industrial Disputes
Act, 1947, if the workman had not engaged a legal practitioner, the
management could not as of a right to claim that it is entitled to engage an
advocate to prosecute the case. The exception being a consent is given by the
workman. The same will hold good vice versa. I, therefore, respectfully follow
the view taken by Justice R.S.Ramanathan in National Horticultural
Research Development Foundation (NHRDF) v. P.Murugesan and another
[2010 SCC OnLine Mad 3833].