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Judgment
SACHIN DATTA, J. (ORAL)
The present petition assails an order dated 05.08.2025 passed by the District Judge & Additional Sessions Judge, Presiding Officer, Labour Court – IV, Rouse Avenue Courts, New Delhi, whereby it has been, inter alia, held as under:
“14.Therefore, in the given facts and circumstances of the present case as well as the judicial precedents cited hereinabove, this Court is of the opinion that the management cannot be permitted to be represented through Advocate/legal practitioner in view of the expressed objection of the workman. Accordingly, instant application of the workman u/s 36 (3) & (4) of ID Act is allowed and therefore, the management stands debarred from representation in the present case through a legal practitioner/advocate.”
It is the case of the petitioner (management) that the respondent’s representative in the ongoing proceedings before the Labour Court is a seasoned Union Leader and the General Secretary of the Trade Union, possessing extensive legal acumen in labour disputes and as such, the same is prejudicial to the petitioner who has no knowledge of applicable legal procedures.
It transpires during the course of hearing, that the concerned representative of the respondent has also expired after the passing of the impugned order dated 05.08.2025.
In the circumstances, respective counsel for the parties jointly request that the parties be allowed to be represented through legal counsel / advocates of their choice. The said request is allowed.
The impugned order dated 05.08.2025 is, consequently, set aside. The petition is disposed of in terms of the above understanding. Pending applications also stand disposed of.
Respective counsel for the parties jointly request that the proceedings before the Labour Court be expedited. Both the parties shall be at liberty to mention the matter before the Labour Court, which shall endeavour to accommodate any such request that may be made by either of the parties.
The date already fixed i.e. 15.09.2026 stands cancelled.