HIG COURT OF CHHATTISGARH AT B§LASPU Smgie Bench R Home Shri H L Dattu CJ ‘ V : i Writ Petition 510.3685 of 1999. etl ~ M 1) T'W hfiwff'iw‘ii I¢HEFS Raj Kumar uruwara S/o Shn Ashcharuiaf Guruwara aged about i0 yeals Propnetor — Mzs Asrwczn: Rajkumar Mining & Tradmg Company, Geedam Road Jagdalpur(M Sanjeev Kuma Guruwara S/o Shn R r aj 4mw 3% A A, Kumar Guruwar Proprietcr — M/Q Shiv 8hakt: Roadways and M/s Shiv Shaktl Motors Geedam Road Jagda!pur(MP i Resgondent x v 9 ‘ « ~ ‘ 1) 3g President, Sambhaglya Motor Kamgar Sangh, Jagdaipur Disft Bastar (MP) (MP) abourCourt Bastar District Jagdalpur W a nt Petition under Articles 2261227 of the Constitution of indl 2) None for the for the petrtroners Shn M D Sharma counse! for respondent No1 ORAL ORDER (Passed on 18$ April 2007) The empioyer namely, Mfs Ashwani Raikumar Mining 8: Trading Company is the petitioner in this writ petition The frm calls in question the correctness or otherWise of the order passed by the Labour Court in Case No 69197 dated 22 06 1999 By the impugned order the Labour Court has request of the employer to permit him to engage the sewice of the legal practitioner <2) ihave carefully perused the orders passed by the Labour Court and also prowsmns of Section 36 of l D Act No doubt discretion has bee given to the Labour Court to permit or reject the request of the employee/employer being represented by a learned counsel This discretio H G ) L e n n ’ J 2 , g i [ \ asko be exercised in a most reasonable manner. ln the instant case, after gfAAg W“W“ V U,AA' erasing the impugned order, l am of the opinion that the Labour Court without m propierly appreciating a reasonable raquest made by the empioyer has :arbiérarily i x rejected the same. Therefore, the lmpugned order cannot be Esustiained. Accordingly, the fotlowing : s r A y x r y J (i) (ii) (m) ORDER The petition is aiiowed. The impugned order passed by the Labour Court is quashed. The Labour Court is directed to permit both the empioyer and the employee to engage the services of the legal practitioner and thereafter decide the lis between the parties, as expeditiously as possible at any rate within six months from the date of receipt of a copy of this order.