Can advocate be applicant u/s 20(2) of minimum wages act 1948

No,

Dear Jyotishwar, Pls. read carefully the quote.  As per the section 20(2) of M.W. Act, it is clear that any employee present the application through the legal practitioner.

While you are asking that an advocate can be an applicant under this Act,

regards

Dear Pravin,

The sub-section 2 of section 20 of Minimum Wages Act reads as follows: "(2) Where an employee has any claim of the nature referred to in sub-section (1) the employee himself or any legal practitioner or any official of a registered trade union authorized in writing to act on his behalf or any Inspector or any person acting with the permission of the authority appointed under sub-section (1) may apply to such authority for a direction under sub-section (3) :"

Its pertenant to note that "through" word is missing in the said sub-section.

Further I have attacehd one judgement of patna High Court where the locus-standi of Labour Inspector, was held fair enough (relevant portion is highlited). So, will that principal apply to Advocate/Legal practitioners too?

Dear Jyotishwar,

 

Please read properly...it doesnt say 'through'
but it says 'on his behalf'
 

Where an employee has any claim of the nature referred to in sub-section (1) the employee himself or any legal practitioner or any official of a registered trade union authorized in writing to act on his behalf or any Inspector or any person acting with the permission of the authority appointed under sub-section (1) may apply to such authority”

I hope this satisfes your concern.

Regards,

Karan Shah

I guess the proper interpretations would be :

"Where an employee has any claim of the nature referred to in sub-section (1) the employee himself or any legal practitioner or any official of a registered trade union authorized in writing to act on his behalf or any Inspector or any person acting with the permission of the authority appointed under sub-section (1) may apply to such authority”

So the phrase "on his behalf" applies only to the  official of a registered trade union.

"OR" is seprating the phrases.

Correct me if I am wrong...

Dear All, This the basic thing that advocate acts for and behalf of the applicant/petitioner and/or plaintiff. he cannot act as party. Moreover the applicant has to give authorisation letter in favour of advocate, so that he can act as Authorised Representative before Authority. there is no relation of employer-employee between the advocate and management, so the case wouldnot long last. Regards Rajiv Bhasin Advocate

With due respect, the fact it that the Hon'ble Labour Court has admitted the matter on minimum wages u/s 20(2), where advocate is a party to the case (Advocate ABC V/s. XYZ Company).

I am appearing for the company, requesting to please help me out with some relevant citations to oppose the same.