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Section 36 – Industrial Disputes Act, 1947

Industrial Disputes Act, 1947

 

36. Representation of parties

 

1[36.Representation of parties. (1) A workman who is a party to dispute shall be entitled to be represented in any proceeding under this Act by-

 

(a) 2[Any member of the executive or other office bearer] of a registered trade union of which he is a member;

 

(b) 2[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 2[any member of the executive or other office bearer] of any trade union connected with, or by any other workman employed in, the Industry in which the worker is employed and authorised 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 proceeding 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 association 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 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 conciliation proceedings under this Act or in any proceedings before a Court.

 

(4) In any proceeding 3[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 4[with the leave of the Labour Court, Tribunal or National Tribunal, as the case may be].]

 

——————–

 

1. Subs. by Act 48 of 1950, sec. 34 and Sch., for the original section.

 

2. Subs. by Act 45 of 1971, sec. 6, for ‘an officer” (w.e.f. 15-12-1971).

 

3. Subs. by Act 36 of 1956, sec. 24, for “before a Tribunal” (w.e.f. 10-3-1957).

 

4. Subs. by Act 36 of 1956, sec. 24, for “with the leave of the Tribunal” (w.e.f. 10-3-1957).

 

 

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Industrial Disputes Act, 1947

 

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