GIRJA SHANKAR KASHI RAM versus THE GUJARAT SPLNNING & WEAVING CO. LTD.

GIRJA SHANKAR KASHI RAM versus THE GUJARAT SPLNNING & WEAVING CO. LTD.

Section 27A of the Bombay Industrial Relations Act imposes a complete ban on any appearance or representation in proceedings under the Act except through the representative of employees, namely the Representative Union; the only exceptions provided in ss. 32 and 33 do not apply where a Representative Union appears. Therefore, even an employee who commenced proceedings under s.42(4) cannot appear in person or through any other person after the Representative Union has entered appearance.

Parties
Appellant: Girja Shankar Kashi Ram; Respondent No. 1: The Gujarat Spinning & Weaving Co. Ltd.; Respondent No. 2: Textile Labour Association
Jurisdiction
India
Judgment Date
30 January 1962
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Dismissal of Petition Under Art. 227 of the Constitution
Outcome
Appeal dismissed.
Legal Topics
Exclusive Right of Representative Union, Representation in Labour Proceedings, Bombay Industrial Relations Act, Appearance in Proceedings, Exclusion of Employees' Individual Appearance
Labour and Industrial Law Exclusive Right of Representative Union Representation in Labour Proceedings Bombay Industrial Relations Act Appearance in Proceedings Exclusion of Employees' Individual Appearance

Case Brief

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Parties

Girja Shankar Kashi Ram

Appellant

The Gujarat Spinning & Weaving Co. Ltd.

Respondent No. 1

Textile Labour Association

Respondent No. 2

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Dismissal of Petition Under Art. 227 of the Constitution

Legal Issues

  1. 1 Whether, under the Bombay Industrial Relations Act, a Representative Union's appearance excludes any other representation including by the concerned employee in proceedings under the Act, specifically under s.42(4).

Ratio Decidendi

Section 27A of the Bombay Industrial Relations Act imposes a complete ban on any appearance or representation in proceedings under the Act except through the representative of employees, namely the Representative Union; the only exceptions provided in ss. 32 and 33 do not apply where a Representative Union appears. Therefore, even an employee who commenced proceedings under s.42(4) cannot appear in person or through any other person after the Representative Union has entered appearance.

Court Disposition

Appeal dismissed.

Orders

  • Appeal is dismissed.
  • No order as to costs.