Whether An Advocate Can Appear In Industrial Dispute

Neeta Mathur
An advocate is barred in appearing in the industrial dispute case before labour court/conciliation officer as provided in section 36 of Industrial Dispute Act 1947.Whether after amendment in advocates act if an advocate can appear before labour court/conciliation officer
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Dear Neeta Mathur,
Right to Practise Law is not absolute; Restriction imposed by Section 36(4) of ID Actis not violative of Advocates Act/Article 19(1)(g); Allahabad HC No lawyer has any right to appear in a particular case and debarring a lawyer from one case does notinfringe his righttopractise,theCourt said. Allahabad High Court has held that Section 36(3) and (4) of the Industrial Disputes Act, which disentitles a party to be represented by an Advocate unless with the consent of opposite parties and leave of Labour court, is not violative of Section 29/30 of the Advocates Act read with Article 19(1)(g) of the Constitution of India.
Right to Practise Law is not absolute ; Allahabad HC
Srinath Sai Ram
Advocates will normally appear as Employers Association Representatives both in Conciliation & Labour Court.If Workman is not represented by an Advocate, he can request the Authority not to permit an Advocate representing Employer
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