Understanding Section 32 of the Punjab Shops & Establishments Act: Can Employees Seek Other Legal Avenues?

Dear Friends,

Has anyone ever come across Section 32 of the Punjab Shops & Establishments Act of 1958? The section is titled "Bar of Legal Practitioners in certain proceedings."

What exactly does this section mean? Does it mean that if an employer takes a certain action against an employee under the provisions of this particular act, then that employee has no option but to seek redressal only under this same act and not through any other act?

Does this Section 32 have any legal precedent, i.e., has it ever been ruled upon in any particular case?

Any information that could be provided would be greatly valued. I am not sure if similar kinds of clauses exist in other state versions of this national act.

I look forward to your professional inputs. For your convenience, I have enclosed a copy of the Punjab S & E Act, 1958.

Thanks & regards,
Ajay.

Dear Ajay,

The provision states that legal practitioners would not be permitted to represent the employer/employee in the labor courts. This is a common practice. Unlike other courts, a lawyer cannot appear for their client at the first hearing itself. For a lawyer to appear, an application to that effect must be filed, the court shall allow it, and then appearance can be made in court. Trust this clarifies.

Dear Ajay,

I completely agree with Mr. R. S. Biswal as there are certain provisions in labor laws that do not permit a lawyer to attend the case.

Ajay Shukla Labor Laws Consultant, Kanpur 09839066035

Dear Friend,

In addition to the above opinions, I would like to add that the court may grant permission to the parties to appear with legal practitioners.

Regards