Case: Girja Shankar Kashi Ram Vs. The Gujarat Spinning &amp; Weaving Co. Ltd

application under S. 42(4) but where the representative union does not choose to appear, there are provisions in Ss. 32 and 33 which permit others to appear in proceedings under the Act. Section 32 gives power to a conciliator, a board, a wage board, a labour court and the industrial court to permit an individual, whether an employee or not, to appear in any proceeding before him or it. This shows that the complete ban imposed by S.27A can be removed if the authorities under the Act think it expedient to permit another person to appear and that person may be an employee or not. Thus the employee who has made an application under S. 42(4) may be permitted to appear before the authorities under the Act; but this provision is subject to a proviso, namely, that no such individual which would include an employee who has himself made an application under S. 42(4), shall be permitted to appear in any proceeding in which the representative union has appeared as the representative of employees. Reading therefore Ss. 27A, 30 and 32 together, it is clear that no one else can appear in any proceeding under the Act except a representative of employees; but the authorities are empowered to permit anyone to appear whether he be an employee or not, if they consider it expedient for the ends of justice [and we have no doubt that where representative of employees does not choose to appear, the authorities will generally permit the employee who has made the application under S. 42(4) to appear], but this power is subject to the proviso, namely, that no one will be allowed to appear if the representative union has made an appearance. It will be seen that the proviso puts the representative union in a special position out of the six classes mentioned as representatives of employees in S. 30. Thus S. 32 makes it clear that where the representative union, out of the six classes in S. 30, appears, no one else can appear, including the person who might have made an application under S. 42(4). If the other five classes which are mentioned in S. 30 as representatives of employees appear, the authorities have the power to allow the employee or any other person to appear along with them.Then we come to S. 33, which starts with a non obstante clause and deals with the appearance of an employee or a representative union through any person. Section 33 thus is an exception to S. 27A and authorizes an employee who could not appear in any proceeding under the Act except through the representative of employees under S. 27A, to appear through any person in certain proceedings mentioned in S. 33, but this again is subject to two provisos, with the first of which we are not concerned here. The second proviso lays down that no employee shall be entitled to appear through any person in any proceeding under the Act in which the representative union has appeared as the representative of employees. This proviso again gives a special Position to the representative union out of the six classes of representatives of employees provided in S. 30 and makes it clear that though an employee may appear in certain proceedings specified in S. 33 through any person in spite of S. 27A, he cannot do so where a representative union has appeared as the representative of employees. Here again the position is the same as in S. 32; if a representative of employees other than a representative union has appeared in the proceeding, the employee can also appear through any person in the Proceedings mentioned in S. 33; but he cannot do so where the representative of employees which has appeared even in proceedings under S. 33 is the representative union. The result therefore of taking Ss. 27A, 32 and 33 together is that S. 27A first places a complete ban on the appearance of an employee in any proceedings under the Act once it has commenced except through the representative of employees. But there are two exceptions to this ban contained in Ss. 32 and 33. Section 32 is concerned with all proceedings before the authorities and gives power to the authorities under the Act to permit an employee himself to appear even though a representative of employees may have appeared but this permission cannot be granted where the representative union has appeared as a representative of employees. Section 33 which is the other exception allows an employee to appear through any person in certain proceedings only even though a representative of employees might have appeared; but here again it is subject to this that no one else, not even the employee who might have made the application, will have the right to appear if a representative union has put in appearance as the representative of employees.It is quite clear therefore that the scheme of the Act is that where a representative union appears in any proceeding under the Act, no one else can be allowed to appear, not even the employee at whose instance the proceedings might have began under S. 42(4). But where the appearance is by any representative of employees other than a representative union, the authorities under S. 32 can permit the employee to appear himself in all proceedings before them and further the employee is entitled to appear by any person in certain proceedings specified in S. 33. But whenever the representative union has made an appearance, even the employee cannot appear in any proceeding under the Act and the representation must be confined only to the representative union. The complete ban therefore laid by S. 27A on representation otherwise than through a representative of employees remains complete where the representative of employees to the representative union that has appeared; but if the representative of employees that has appeared to other than the representative union, then Ss. 32 and 33 provide for exceptions with which we have already dealt.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]It will be seen that S. 27A provides that no employee shall be allowed to appear or act in any proceedings under the Act, except through the representative of employees, the only exception to this being the provisions of Ss. 32 and 33. Therefore, this section completely bans the appearance of an employee or of anyone on his behalf in any proceeding after it has once commenced except through the representative of employees. The only exceptions to this complete ban are to be found in Ss. 32 and 33, to which we shall presently refer. But it is clear that bona fides or mala fides of the representatives of employees can have nothing to do with the ban placed by S. 27A on the appearance of anyone also except the representative of employees as defined in S. 30 and that if anyone else can appear in any proceeding, we must find a provision in that behalf in either S. 32 or S. 33 which are the only exceptions to S. 27A. It may be noticed that there is no exception in S. 27A in favour of the employee, who might have made an application under S. 42(4), to appear on his own behalf and the ban which is placed by S. 27A will apply equally to such an employee. In order, however, to soften the rigour of the provisions of S. 27A, for it may well be that the representative of employees may not choose to appear in many proceedings started by an employee under S. 42(4), exceptions are provided in Ss. 32 and 33. The scheme of these three provisions clearly is that if the representative union appears, no one else can appear and carry on a proceeding, even if it be begun on an application under S. 42(4) but where the representative union does not choose to appear, there are provisions in Ss. 32 and 33 which permit others to appear in proceedings under the Act. Section 32 gives power to a conciliator, a board, a wage board, a labour court and the industrial court to permit an individual, whether an employee or not, to appear in any proceeding before him or it. This shows that the complete ban imposed by S.27A can be removed if the authorities under the Act think it expedient to permit another person to appear and that person may be an employee or not. Thus the employee who has made an application under S. 42(4) may be permitted to appear before the authorities under the Act; but this provision is subject to a proviso, namely, that no such individual which would include an employee who has himself made an application under S. 42(4), shall be permitted to appear in any proceeding in which the representative union has appeared as the representative of employees. Reading therefore Ss. 27A, 30 and 32 together, it is clear that no one else can appear in any proceeding under the Act except a representative of employees; but the authorities are empowered to permit anyone to appear whether he be an employee or not, if they consider it expedient for the ends of justice [and we have no doubt that where representative of employees does not choose to appear, the authorities will generally permit the employee who has made the application under S. 42(4) to appear], but this power is subject to the proviso, namely, that no one will be allowed to appear if the representative union has made an appearance. It will be seen that the proviso puts the representative union in a special position out of the six classes mentioned as representatives of employees in S. 30. Thus S. 32 makes it clear that where the representative union, out of the six classes in S. 30, appears, no one else can appear, including the person who might have made an application under S. 42(4). If the other five classes which are mentioned in S. 30 as representatives of employees appear, the authorities have the power to allow the employee or any other person to appear along with them.Then we come to S. 33, which starts with a non obstante clause and deals with the appearance of an employee or a representative union through any person. Section 33 thus is an exception to S. 27A and authorizes an employee who could not appear in any proceeding under the Act except through the representative of employees under S. 27A, to appear through any person in certain proceedings mentioned in S. 33, but this again is subject to two provisos, with the first of which we are not concerned here. The second proviso lays down that no employee shall be entitled to appear through any person in any proceeding under the Act in which the representative union has appeared as the representative of employees. This proviso again gives a special Position to the representative union out of the six classes of representatives of employees provided in S. 30 and makes it clear that though an employee may appear in certain proceedings specified in S. 33 through any person in spite of S. 27A, he cannot do so where a representative union has appeared as the representative of employees. Here again the position is the same as in S. 32; if a representative of employees other than a representative union has appeared in the proceeding, the employee can also appear through any person in the Proceedings mentioned in S. 33; but he cannot do so where the representative of employees which has appeared even in proceedings under S. 33 is the representative union. The result therefore of taking Ss. 27A, 32 and 33 together is that S. 27A first places a complete ban on the appearance of an employee in any proceedings under the Act once it has commenced except through the representative of employees. But there are two exceptions to this ban contained in Ss. 32 and 33. Section 32 is concerned with all proceedings before the authorities and gives power to the authorities under the Act to permit an employee himself to appear even though a representative of employees may have appeared but this permission cannot be granted where the representative union has appeared as a representative of employees. Section 33 which is the other exception allows an employee to appear through any person in certain proceedings only even though a representative of employees might have appeared; but here again it is subject to this that no one else, not even the employee who might have made the application, will have the right to appear if a representative union has put in appearance as the representative of employees.It is quite clear therefore that the scheme of the Act is that where a representative union appears in any proceeding under the Act, no one else can be allowed to appear, not even the employee at whose instance the proceedings might have began under S. 42(4). But where the appearance is by any representative of employees other than a representative union, the authorities under S. 32 can permit the employee to appear himself in all proceedings before them and further the employee is entitled to appear by any person in certain proceedings specified in S. 33. But whenever the representative union has made an appearance, even the employee cannot appear in any proceeding under the Act and the representation must be confined only to the representative union. The complete ban therefore laid by S. 27A on representation otherwise than through a representative of employees remains complete where the representative of employees to the representative union that has appeared; but if the representative of employees that has appeared to other than the representative union, then Ss. 32 and 33 provide for exceptions with which we have already dealt.