M/S.Bharat Heavy Electricals Limited vs K.Balu
2025 Latest Caselaw 7909 Mad

Madras High Court

M/S.Bharat Heavy Electricals Limited vs K.Balu on 16 October, 2025

Author: M.S.Ramesh

Bench: M.S. Ramesh

    2025:MHC:2429



                                                                                            W.A.No.3133 of 2025

                                  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


                                               W.A.No.3133 of 2025
                                        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

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(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

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/10/2025 03:00:24 pm )

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
                    Neutral Citation: Yes/No
                    Anu




                                                                                       M.S.RAMESH, J.
                                                                                                 and







https://www.mhc.tn.gov.in/judis              ( Uploaded on: 24/10/2025 03:00:24 pm )


                                                                            R.SAKTHIVEL, J.
                                                                                      Anu





                                                  and CMP.Nos.25430 and 25431 of 2025




                                                                                    16.10.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/10/2025 03:00:24 pm )