can a practicing advocate can appear before tribunal for long term settlement ,in the capacity of union president. Please provide with case laws and discuss.. Urgent. Pls.
From India, Chennai
From India, Chennai
Yes,He/she can appear.Amy person can appear in person before a tribunal ...So an advocate can also appear.
From India, Mohali
102From India, Mohali
As per section 36(3) of the ID Act no party to a dispute shall be represented by a legal practitioner in any conciliation proceedings. However, section 36 (4) permits representation by a legal practitioner with the consent of the other party to the dispute. Again 36(1)(a) says that a workman shall be represented by any office bearer of the trade union in which he is a member. Naturally, if the office bearer of the Union is a legally trained person, his representation as office bearer cannot be questioned by the employer. Similarly, an employer cannot be represented by a legally trained person, yet he can be represented by a legal practitioner appointed by the company in the establishment ( Pradip Port Trust Vs Workmen AIR 1977 SC 36). Also an employer can be represented by the office bearer of the association of employers even if he is a legal practitioner.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
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