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Section 36 of Industrial Disputes Act 1947: Representation of Parties

Section 36 (Representation of parties) under the Chapter VII (Miscellaneous) of the Industrial Disputes Act 1947

❝(1) A workman who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by—
 (a) any member of the executive or office bearer of a registered trade union of which he is a member;
 (b) 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 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 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 proceedings and with the leave of the Labour Court, Tribunal or National Tribunal, as the case may be.❞




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Notes:

The Industrial Disputes Act, 1947 has been amended several times since its enactment.
The latest amendments were by the Industrial Disputes (Amendment) Act, 2010 (24 of 2010) and the Finance Act, 2017 (7 of 2017).

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