Law: Industrial Disputes Ordinance, (LVI of 1959)

Section:

Industrial Disputes Ordinance (LVI of 1959)----S. 34-Interpretation-Legal Practitioners not entitled to appear, in guise of office-bearers of associations or unions, in proceeding before Tribunal.   The two subsections of section 34 of the Industrial Disputes Ordinance, 1959, if read without any qualification, are inconsistent with each other and in order that the two may be read together it is necessary to regard one of them as containing a general proposition and the other as containing a proviso to such a general proposition. The first subsection of section 34 of the Ordinance is in fact in the nature of a general provision contained in procedural enactments entitling parties to be represented by other persons and the second subsection of the same section is a proviso or exception to the first. The Legislature regarded the appearance of legal practitioners (except in cases where all parties consent) in proceedings before Industrial Courts undesirable and therefore if legal practitioners, who are office-bearers of associations of employers or unions of employee, were to be allowed to represent parties before the Industrial Court the very object of the law could be easily defeated. For there is no bar to the legal practitioners being appointed honorary office-bearers of Unions or associations and in all cases legal practitioners could without any difficulty be thus introduced in proceedings before the Industrial Court in the guise of office bearers. Legal practitioners who are office-bearers of associations or unions are, therefore, not entitled to appear before the Industrial Court.   M. Fazlul Rahman Senior Advocate Supreme Court (Miss R. S. Qari Advocate Supreme Court with him) instructed by Messrs Siddiq & Co., Attorneys for Petitioners (in Appeals Nos. 21-D, 160, 1-D & 5 of 1960).   Respondents not represented.   Fakhruddin Advocate Supreme Court instructed by S. M. Hanif Attorney on behalf of M. A. Rahman Attorney on record for Petitioner (in Appeal No. 170 of 1960).   Respondents not represented.   Dates of hearing : 24th and 25th November 1960.   JUDGMENT   B. Z. KAIKAUS, J.-This judgment will dispose of…