Workman appearing through advocate constitutes deemed consent for employer’s legal representation: Jharkhand High Court
“The complete embargo on the appearance of Advocates in Industrial adjudication is confined to conciliation proceedings alone.”
“The complete embargo on the appearance of Advocates in Industrial adjudication is confined to conciliation proceedings alone.”
‘It is not the petitioner’s concern as to how the work was allotted to him. He/she is in no manner responsible for floating or non-floating of the tender.’
The Court stated that it failed to understand how the respondents could have retained the amounts deposited by the petitioner at the time of preferring the appeal and seeking stay of demand, after the appeal is decided, and matter is remitted back, and fresh assessment order is passed.
In violation of the constitutional mandate to make appointment on regular basis, the State of Jharkhand appointed the appellant on daily wage basis and subsequently, on contractual basis and were utilizing the services of the appellant. There was no valid explanation for the same.
Mere presence of the antecedents will not lead to a presumption about the active involvement of the accused in any activity, without any material proof in support.