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vikram singh (advocate)     04 October 2010

consent of union necessary ?

Hello one and all ,after a long time guys.

My question is "whether consent of petitioner /union is necessary for respondent/management to engage an advocate .

please pass any sc/hc  judgments to support the same.

important /urgent please.

thanks & regards.



Learning

 6 Replies

Mugundhan (Lawyer)     04 October 2010

Dear sir, the industrial disputes act itself is clear on this aspect. Sec. 36(3) says that no party to a dispute shall be entitled to be represented by a legal practitioner. Sec.36(3) says that a party may be rep by a legal practitioner with the consent of the other parties. So if the petitioner union objects, advocate cannot rep the management. however if the petitioner is represented by an advocate, the respondent management is also entitled to be represented by an advocate.

Rama mohan Acharya (Manager HR(Legal))     05 October 2010

very clearly explained by Mugundhan.

vikram singh (advocate)     05 October 2010

Thanks for your spontaneous reply Mr.Mugundan,Actually the petitioner union is represented by its general secretary who is an advocate enrolled himself after retairment .Their contention is he is not a legal practitioner and not engaged himself in active practice.

Please advice.Is there any point for the management.

thanks and regards

Mugundhan (Lawyer)     05 October 2010

if a person is enrolled in the bar council, he is an advocate.  If the petitioner union is represented by an advocate enrolled in the bar council, it amounts to representation by a legal practitioner and in this case the management can very well be represented by an advocate.

vikram singh (advocate)     07 October 2010

dear mugundan can you please support your submission with necessary judgments please which are very much important in my case.

Please its very urgent/imp

thanks and regards

Jagdish (Manager-Business Coordination)     17 March 2011

Dear Sir,

The views of Mr. Mugundhan is correct, but I shall clear another aspect that any person who is legally qualified from a recognised University, then he/she or the  Union Secretary will be considered as  a legaly qualified person, for which the court will have to consider him as a Legal Practitioner.  There is no question of enrolment of Bar Council in representation of your case.  A


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