Summary: The Bombay High Court decided that Bella Vista Drycleaners can have a lawyer represent them in a labor dispute, overturning a previous decision by the Labor Court.
Bella Vista Drycleaners, a small laundry business in Mumbai, found itself in a legal fight with a former employee, Vishwanath Kanojia, and the Akhil Bhartiya General Kamgar Union. The employee had quit without giving notice but later wanted his job back and asked for back pay through the Labor Commissioner.
At first, Bella Vista was represented by a lawyer before the Labor Commissioner, but the case was dismissed because the employee didn't show up. However, Vishwanath Kanojia later took the case to the 7th Labor Court in Bandra, trying to stop Bella Vista from having a lawyer.
On December 1, 2023, the Labor Court decided against Bella Vista, saying they couldn't have a lawyer to question witnesses. Bella Vista challenged this decision, leading to the current appeal.
The case was heard by Justice Milind N. Jadhav, who noted how important it is to have a lawyer for fairness. The court emphasized that not allowing a lawyer could be very unfair to Bella Vista, a small business with limited knowledge about the law.
"The right to defend one’s case effectively is a key part of having a fair trial," stated Justice Jadhav.
Mr. Shailesh S. Pathak, who helped the court, argued that the Industrial Disputes Act allows for legal representation if the other party and the court agree. He pointed out that not allowing this could lead to unfair trials.
On December 2, 2025, the Bombay High Court overturned the Labor Court's decision, allowing Bella Vista to have a lawyer. The court instructed the Labor Court to continue with the case based on its actual facts.
The Bombay High Court's decision allows Bella Vista Drycleaners to have a lawyer, ensuring they can defend themselves properly in the labor dispute. The case will now proceed in the Labor Court with this new decision in place.
