Advocate-sent approach notice valid where it substantively conveys the employee's grievance and demand to the employer.

An approach notice under Section 42(4) of the Bombay Industrial Relations Act is valid when sent by an advocate for the employee, because the provision requires substantive communication of the grievance and demand to the employer, not personal dispatch by the employee. Rule 53 governs the mode of application but does not bar representation through counsel, and there is no statutory exclusion of an advocate acting for the employee. Compliance is assessed by substance over form, especially where the employer understood the grievance and responded to it.

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Issues: Whether an approach notice under Section 42(4) of the Bombay Industrial Relations Act, 1946 is valid when it is addressed by an advocate on behalf of the employee.

Analysis: The statutory object of the approach notice is to inform the employer of the employee's grievance and afford an opportunity for settlement before resort to adjudication. The requirement that the employee approach the employer in the prescribed manner is satisfied when the notice, in substance, conveys the employee's demand and grievance. Rule 53 prescribes the mode of making the application, but it does not prohibit the employee from acting through an advocate. The provision does not restrict the giving of notice to the employee personally, and there is no statutory language excluding an advocate acting for the employee. The form of notice cannot defeat the substance of compliance, especially where the employer understood the grievance and replied to it. Authorities dealing with statutory restrictions on representation in different settings were distinguished.

Conclusion: A notice sent by an advocate on behalf of the employee is a valid compliance with Section 42(4) and is not invalid merely because it was not personally signed or sent by the employee.

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