Section 36 of i.d.act
S Kumar
(Querist) 25 July 2014
This query is : Resolved
Dear Sirs,
Whether an employee who is a legal executive of a company having LLB,LLM qualification can represent a labour case as an authorised representative of company
thanks
P. Venu
(Expert) 26 July 2014
A person holding power of attorney can present the case. However, your proposal, though, sincere could turn out to be quite risky in future.
Devajyoti Barman
(Expert) 26 July 2014
Yes, he can in the capacity of authorised representative of the company, not as a lawyer.
Guest
(Expert) 26 July 2014
Representing and fighting a case for and on behalf of a company are two different things. So, please clarify what actually do you intend to ask by your query?
K.K.Ganguly
(Expert) 26 July 2014
1. He can represent the Company if he has been authorised by the company to do so,
2. His having law degree have no consequence on the matter.
T. Kalaiselvan, Advocate
(Expert) 27 July 2014
An employer who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by-
(a) an officer of an association of employer of which he is a member;
(b) an officer of a federation of associations of employers to which the association referred to in clause (a) is, affiliated;
(c) where the employer is not a member of any association of employers, by an officer of any association of employers connected with, or by any other employer engaged in, the industry in which the employer is engaged and authorized in such manner as may be prescribed.
No party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation proceedings under this Act or in any proceedings before a Court.
In any proceeding[before a Labor Court, Tribunal or National Tribunal], a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding.
