NOORUL ARFIN, J.-This case involves a very short point relating to interpretation of subsection (3) of sec--tion 49 of the Industrial Relations Ordinance, 1969. This provision requires that a party to an industrial dispute may be represented by a local practitioner in any proceedings before the Labour Court, or before an Arbitrator, with the permission of the Court or the Arbitrator as the case may be.
The petitioner No. 2 engaged Mr. Obaider Rehman to represent it before the Sind Labour Court No. 1.
The grievance of the petitioner is that the learned Court insisted upon Mr. Obaidur Rehman to explain the reasons necessitating his employment as an Advocate by the petitioner No. 2. It is contended that the learned Court should have addressed itself to the petitioner No. 2 to satisfy itself as to the necessity for the appearance of an Advocate on its behalf, but instead of doing so, the learned Court addressed itself to the Advocate. We agree with Mr. Obaidur Rehman's contention that this was an erroneous procedure adopted by the Sind Labour Court No. 1. This Court should have required the petitioner No. 2 to explain the circumstances making it necessary for it to engage the service of an Advocate and an Advocate cannot be expected to explain why he has been engaged by his client. The learned Advocate-General agrees with this interpretation of the sub section (3) of section 49 of the aforesaid Ordinance. Our attention has also been drawn to an application made by the petitioner No. 2, a copy of which is on page 17 of our record, which explained the reasons as to why the services of an Advocate were necessary to represent the interest of the petitioner No. 2. It appears that the Sind, Labour Court No. 1 has not applied its mind to this application at all.
2. We are of the view that the impugned order is without lawful authority and is therefore, hereby set aside. The Sind Labour Court No. 1 shall now adjudicate the application of petitioner No. 2 for permission to engage the services of an Advocate and if necessary to elicit from petitioner No. 2 further circumstances making it necessary for this petitioner to be represented by an Advocate before the Sind Labour Court.