CGIT
raghavendra
(Querist) 17 November 2010
This query is : Resolved
sir,
can advocate represent before central govt industrial tribunal
if yes which provisions or judgement says lawyer can file vakalat
Devajyoti Barman
(Expert) 17 November 2010
Yes the advocate can appear on behalf of the client before the CAT.
Guest
(Expert) 17 November 2010
yes
R.Ramachandran
(Expert) 17 November 2010
Dear Mr. Ajitabh,
Thanks for your reply.
Please also make available the answer to the remaining part of the query viz., If the answer is 'yes' which provisions or judgement says lawyer can file vakalat?
Your present answer does not fully meet with the query please.
Parthasarathi Loganathan
(Expert) 17 November 2010
It is very apt on the part of Mr.Ramu to step into the shoes of Mr.Santosh as we need to either remain pointed to the specific needs of the querists or simply gain knowledge out of the contributions of the experts who are expected to either resolve the query or quench the thirst of non-practitioners like me to gain knowledge in the profession as we find there are very few experts available in the section to qualify these basic aspects. We need VALUE ADDITIONS to opinions already rendered by experts and set high standards to satisfy the genuine needs of our law deprived citizens. This is my honest opinion. Please correct me if I am wrong.
Guest
(Expert) 17 November 2010
Industrial Dispute Act----
section 36(1) A workman who is a party to a dispute shall be entitled to be represented in an proceed- ing under this Act by- (a) any member of the executive or other office bearer of a registered trade union of which he is a member;
(b) any member of the executive or other office bearer of a federation of trade unions to which the trade union referred to in clause (a) is affiliated;
(c) where the worker is not a member of any trade union, by any member of the executive or other office hearer of any trade union connected with, or by any other workman employed in the industry in which the worker is employed and autho- rised in such manner as may be prescribed.
(2) An employer who is a party to a dispute shall be entitled to be represented in any pro- ceeding under this Act by-- (a) an officer of an association of employers of which he is a member;
(b) an officer of a federation of associa- tions of employers to which the association re- ferred to 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 authorised in such manner as may be prescribed.
(3)No party to a dispute shall be entitled to be represented by a legal practitioner in any concili- ation proceedings under this Act or in any proceed- ings before a Court.
(4) In any proceeding before a Labour 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 and with the leave of the Labour Court, Tribunal or National Tribunal, as the case may be." Section 36 provides for representation of parties before the Tribunals and the Labour Court. Under section 36(1) a workman who is a party to a dispute shall be entitled to be represented in any proceeding under the Act by three classes of officers mentioned m (a), (b) and (c) of that sub-sec- tion. Similarly under section 36(2) an employer who is a party to a dispute shall be entitled to be represented in any proceeding under the Act by three classes of officers mentioned in (a), (b) and (c) of that sub-section. By sub-section (3) a total ban is imposed on representation of a party to a dispute by a legal practitioner in any concili- ation proceedings under this Act or in any proceedings before a Court of enquiry. Then comes section 36(4) which introduces the requirement of prior consent of the opposite party and 542 leave of the Tribunals and of the Labour Court, as the case may be, for enabling a party to be represented by a legal practitioner.
so after the care full reading of above mentioned section... its clear that.....
A lawyer, simpliciter, cannot appear before an Industri- al Tribunal without the consent of the opposite party and leave of the Tribunal merely by virtue of a power of attor- ney executed by a party. A lawyer can appear before the Tribunal in the capacity of an office bearer of a registered trade union or an officer of associations of employers and no consent of the other side and leave of the Tribunal will, then, be necessary.
Previously , i answered YES.... the reason is section 36 (4) I.D.Act..... advocate can appear with the consent of the opposite party and leave of the L.court, or Tribunal
I hope Mr. Santosh now satisfied...
Thanks.
Guest
(Expert) 17 November 2010
Mr Santosh also want the judgment in this regard........ the following judgment is relevant.....
PARADIP PORT TRUST, PARADIP Vs. THEIR WORKMEN
1977 AIR 36
1977 SCR (1) 537
1977 SCC (2) 337
R.Ramachandran
(Expert) 17 November 2010
Dear Mr. Ajitabh,
A Good show. Please keep it up.
I am happy to note that you have noticed that a mere YES cannot be an answer to the query, and even that 'YES' has certain strings attached to it. But for this revelation, the earlier answer was not complete.
Kirti Kar Tripathi
(Expert) 18 November 2010
Though the Ajitabh has given the entire legal position in details. but as regard to objection and application of Section 36 in the proceedings before any Labour Court or Industrial Tribunal is concerned. it depends on the fact, when the objection was taken. in case, it ihas not been raised at the time, when the advocate put his appearance, the law is that the opposite party has given implied consent and he is entitled to continue his appearance on behalf of party. there are nos. of judicial pronouncements in this regard. try to search. Moreover, there is no bar for an advocate to become office bearer of any employers association or trade union under the law. in case, if the advocate is office bearer of employer association or office bearer of he has a right to represent the party even under Section 36 of the I.D. Act.
Kirti Kar Tripathi
(Expert) 18 November 2010
put his appearance means appearances of an advocate for the first time, when he put his appearance in the proceedings.
raghavendra
(Querist) 18 November 2010
thank you Mr ajith acharya, i have one more question , how can we interpret rule 29 ,of ID Act
Guest
(Expert) 18 November 2010
its right of representative of the party to examination, cross examination and addressing the board, court, labour court, tribunal, national tribunal or arbitrator when an evidence has been called......
Kirti Kar Tripathi
(Expert) 18 November 2010
Dear Santosh, The language of Rule 29 of the ID Rules is very clear and plane. the same relates with the rights of representative before the machineries constituted under the Act. During the course of proceedings before the Conciliation Board, Labour courts or Industrial Tribunal, the representatives of parties have all the rights and powers as a counsel have before the Court. He can lead evidences, cross the witness of opposite party, address to the court/tribunal of board etc.
