Amendment status not verified — confirm the current text below against the official source.
Protection of persons. — (1) No person refusing to take part or to continue to take part in any strike or lock-out which is illegal under this Act shall, by reason of such refusal or by reason of any action taken by him under this section, be subject to expulsion from any trade union or society, or to any fine or penalty, or to deprivation of any right or benefit to which he or his legal representatives would otherwise be entitled, or be liable to be placed in any respect, either directly or indirectly, under any disability or at any disadvantage as compared with other members of the union or society, anything to the contrary in the rules of a trade union or society notwithstanding. (2) Nothing in the rules of a trade union or society requiring the settlement of disputes in any manner shall apply to any proceeding for enforcing any right or exemption secured by this section, and in any such proceeding the Civil Court may, in lieu of ordering a person who has been expelled from membership of a trade union or society to be restored to membership, order that he be paid out of the funds of the trade union or society such sum by way of compensation or damages as that Court thinks just. 2[36. Representation of parties.— (1) A workman who is a party to dispute shall be entitled to be represented in any proceeding under this Act by— (a) 3[any member of the executive or other office bearer] of a registered trade union of which he is a member; 1 Subs. by Act 46 of 1982, sec, 20, for “a Presidency Magistrate or a Magistrate of the first class” (w.e.f. 21.8.1984). 2 Subs. by Act 48 of 1950, Section 34 and Schedule, for section 36. 3 Subs. by Act 45 of 1971, Section 6, for “an officer” (w.e.f. 15.12.1971). The Industrial Disputes Act, 1947 (b) 1[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 2[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 3[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 proceeding and 4[with the leave of the Labour Court, Tribunal or National Tribunal, as the case may be].] Case Law Engagement of legal practitioner Party to proceedings under Industrial Disputes Act, can engage a legal practitioner only after fulfillment of conditions like consent of other party and leave of court. Hence, denial of permission to management to engage legal practitioner was justified; Ajit Kumar S.D. v. State of Kerala, (2003) I LLJ Ker 473. 1 Subs. by Act 36 of 1956, Section 24, for “before a Tribunal” (w.e.f. 10.3.1957). 2 Subs. by Act 45 of 1971, Section 6, for “an officer” (w.e.f. 15.12.1971). 3 Subs. by Aft 36 of 1956, Section 24, for “before a Tribunal” (w.e.f. 10.3.1957). 4 Subs. by Act 36 of 1956, Section 24, for “with the leave of the Tribunal” (w.e.f. 10.3.1957). The Industrial Disputes Act, 1947 Failure to raise objection on first date of proceedings will have to be taken as implied consent and Labour Court allowed legal practitioner to appear before it, so leave deemed to be granted; T.K. Vurghese v, Nicliimen Corporation, (2002) IV LLJ (Supp) Bom 1018. No party can withhold appearance of a legal practitioner by denying “consent’’ without any justification and does not have absolute right to refuse to give consent to the other party; T.K, Varghesc v. Nichimen Corporation, (2002) IV LLJ (Supp) Bom 1018. No revocation of consent Sub-section (4) does not insist upon a written consent. It could be implied Consent once given could not be revoked at a later stage because there has been no provision in the Act enabling such withdrawal or revocation; Britannia Engg. Product & Services Ltd. v. II Labour Court, (2003) II LLJ 1024 (Cal). Representation of workman Before a Labour Court or Industrial Tribunal, workman can be represented by an Executive or office-bearer of the Trade Union while the employer can be represented by the association of employers or its executive. The management has officers like Deputy Manager (Law), Assistant Manager (Law), etc., who are qualified law graduates. The Management is competent to engage any one of them to defend their case against one of their own workmen. However, employer is justified in approaching the Federation of Chamber (if Commerce to contest a case of a workman of its own corporation; R.M. Duraisivany v. Labour Courts, Salem, 1998 LLR 478 (16). Vakalatnama: No implied leave Taking the vakalatnama and keeping it on record cannot be taken as implied leave of the court or Tribunal; Punjabi Ghasita Ram Halwai v. Sahdeo Shivram Pawar, (1994) 68 FLR 528 (Bom). 1[36A. Power to remove difficulties.— (1) If, in the opinion of the appropriate Government, any difficulty or doubt arises as to the interpretation of any provision of an award or settlement, it may refer the question to such Labour Court, Tribunal or National Tribunal as it may think fit. (2) The Labour Court, Tribunal or National Tribunal to which such question is referred shall, after giving the parties an opportunity of being heard, decide such question and its decision shall be final and binding on all such parties.] 1[36B, Power to exempt.—Where the appropriate Government is satisfied in relation to any industrial establishment or undertaking or any class of 1 Ins. by Act 36 of 1956, Section 25 (w.e.f. 10.3.1957). The Industrial Disputes Act, 1947 industrial establishments or undertakings carried on by a department of that Government that adequate provisions exist for the investigation and settlement of industrial disputes in respect of workmen employed in such establishment or undertaking or class of establishments or undertakings, it may, by notification in the Official Gazette, exempt, conditionally or unconditionally such establishment or undertaking or class of establishments or undertakings from all or any of the provisions of this Act.]