Legal Dilemma: Can a Union President Who's Also a Lawyer Represent Before a Tribunal?

Can a practicing advocate appear before the tribunal for long-term settlement in the capacity of a union president? Please provide case laws and discuss. This is urgent. Thank you.

Yes, he/she can appear. Any person can appear in person before a tribunal. Therefore, an advocate can also appear.

Representation in Conciliation Proceedings Under the ID Act

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, Section 36(1)(a) states 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 an 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.

Regards,
Madhu.T.K