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Section 36 - Representation of parties : Industrial Disputes Act 1947

 

What is Representation of parties? Section 36 of Industrial Disputes Act 1947

Section 36 of Industrial Disputes Act 1947 : "Representation of parties"

36. (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 other 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 authorized 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 associations 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 proceedĀ­ings 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 proceeding and with the leave of the Labour Court, Tribunal or National Tribunal, as the case may be.
STATE AMENDMENTS

MAHARASHTRA
In section 36, to sub-section (1), the following shall be added, namely:-

"Provided that, where there is a recognised union for any undertaking under any law for the time being in force, no workman in such undertaking shall be entitled to be represented as aforesaid in any such proceeding (not being a proceeding in which the legality or propriety of an order of dismissal, discharge, removal, retrenchment, termination of service, or suspension of an employee is under consideration) except by such recognised union." -Maharashtra Act No. 1 of 1972.

 

INDUSTRIAL DISPUTES ACT 1947

Section 28 - Penalty for giving financial aid to Illegal strikes and lock-outs

Section 29 - Penalty for breach of settlement or award

Section 30 - Penalty for disclosing confidential information

Section 30A - Penalty for closure without notice

Section 31 - Penalty for other offences

 

 

CHAPTER VII MISCELLANEOUS

Section 32 - Offence by companies, etc

Section 33 - Conditions of service, etc., to remain unchanged under certain circumĀ­stances during pendency of proceedings

Section 33A - Special provision for adjudication as to whether conditions of service, etc., changed during pendency of proceedings

Section 33B - Power to transfer certain proceedings

Section 33C - Recovery of money due from an employer

 

 

Section 34 - Cognizance of offences

Section 35 - Protection of persons

Section 36 - Representation of parties

Section 36A - Power to remove difficulties

Section 36B - Power to exempt

 

 

Section 37 - Protection of action taken under the Act

Section 38 - Power to make rules

Section 39 - Delegation of powers

Section 40 - Power to amend Schedules

First Schedule - Industries which may be declared to be public utility services under Sub-Clause (VI) of Clause (N) of Section 2

Second Schedule - Matters within the jurisdiction of labour courts

Third Schedule - Matters within the Jurisdiction of Industrial Tribunal

Fourth Schedule - Conditions of Service for change of which notice is to be given

Fifth Schedule - Unfair Labour Practices

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