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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.
Yes,He/she can appear.Amy person can appear in person before a tribunal ...So an advocate can also appear.
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

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