KPP -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2180 OF 2010 Anchor Industries Employees Union (Tambe Group) ..Petitioner versus Anchor Industries Employees’ Union (Dhas Group) ...Respondent Ms. N.D. Buch, instructed by Mr. S.K. More for the petitioner. Mr. Krishna Natha Dhas, General Secretary of the respondent present. CORAM: P.B. MAJMUDAR & A.A. SAYED , JJ. DATE: MARCH 03, 2011. P.C. By way of this petition, the petitioner union has challenged the order passed by the Industrial Court, Mumbai dated 28th April, 2010 in Application (ICTC) No. 02 of 2009. In the proceedings before the Industrial Court, on behalf of the respondent Union, an application was given allowing the Union to contest the matter through power of attorney holder, one Mr. Joy Deb Saha, who is the President of some other Union. The Industrial Court by the impugned order permitted the said power of attorney holder to continue the proceedings on behalf of the respondent Union. Thereafter the petitioner gave an application for revoking that order on the ground that they have strong objection allowing the union representative Mr. Joy Deb Saha, President of United Workers Association to represent the respondent in the present KPP -2- proceedings. The said objection is negatived against which this writ petition is filed by the contesting union by challenging the order on the ground that the representative of another Union should not be allowed to continue the proceedings on the basis of the power of attorney. 2. Today, one Mr. Krishna Natha Dhas, who is claiming to be General Secretary of the respondent union is present before us. Learned counsel for the petitioner states that she does not know about him. In order to identify himself, Mr. Dhas has produced the identity card issued by the Election Commission of India. He states that his advocate has not come and since he is well conversant with the matter, he may be allowed to argue the matter. During the course of hearing, he states that before the Industrial Court on behalf of the respondent Union, being its General Secretary, he will argue the matter. An affidavit has been filed before this Court by the said Krishna N. Dhas which is at page 76. He further states that the said power of attorney holder may sit besides him but he will argue out the case himself and will not allow the said power of attorney holder to argue the case. He further states that he will also file written submissions before the Industrial Court in connection with the subject matter. In view of the said statement, now the Industrial Court shall allow the said Krishna N. Dhas to argue out the matter himself. He can take assistance of the power of attorney holder, if he is allowed to sit besides him. The said Krishna N. Dhas states that he has made this statement after understanding the matter KPP -3- fully as he is dealing with the Union problems since long. In view of this, Industrial Court order is substituted by the present order. The Industrial Court shall allow the respondent to argue the matter himself in the pending dispute and will also allow him to submit his written submissions. The Industrial Court shall also allow him to take help of power of attorney holder who may not argue the matter but he will assist him by sitting besides him. 3. Subject to what is stated above, the petition is disposed of. P. B. MAJMUDAR, J. A.A. SAYED, J.