Section 36 Industrial Disputes Act 1947 - Representation of Parties
Section 36 of the Industrial Disputes Act, 1947 regulated who could represent a workman or employer in industrial-dispute proceedings and restricted representation by legal practitioners. The corresponding current provision is Section 94 of the Industrial Relations Code, 2020.
Section 36 Industrial Disputes Act 1947
Section 36(1) - Representation of a workman
A workman who was a party to a dispute was entitled to be represented in proceedings under the Act by:
- a member of the executive or another office-bearer of the registered trade union of which the workman was a member;
- a member of the executive or another office-bearer of a federation of trade unions to which that union was affiliated; or
- where the workman was not a member of a trade union, a specified representative of a trade union connected with the industry or another workman employed in that industry, authorised in the prescribed manner.
Section 36(2) - Representation of an employer
An employer who was a party to a dispute could be represented by an officer of an employers' association of which the employer was a member, an officer of a federation to which that association was affiliated, or, where the employer was not a member of such an association, a qualifying officer of an employers' association connected with the industry or another employer engaged in that industry, authorised as prescribed.
Section 36(3) - Legal practitioners in conciliation proceedings
No party to a dispute was entitled to representation by a legal practitioner in conciliation proceedings under the Act or in proceedings before a Court constituted under the Act.
Section 36(4) - Legal practitioners before adjudicatory bodies
In proceedings before a Labour Court, Tribunal or National Tribunal, a party could be represented by a legal practitioner only with the consent of the other parties to the proceeding and with leave of the Labour Court, Tribunal or National Tribunal, as applicable.
Maharashtra State Amendment to Legacy Section 36
The uploaded legacy provision records the Maharashtra amendment made by Maharashtra Act No. 1 of 1972. In substance, where a recognised union existed for an undertaking under applicable law, a workman ordinarily had to be represented by that recognised union, subject to the stated exception for proceedings concerning the legality or propriety of dismissal, discharge, removal, retrenchment, termination of service or suspension.
Section 94 Industrial Relations Code 2020 - Representation of Parties
Section 94(1) - Representation of a worker
A worker who is a party to a dispute may be represented in a proceeding under the Code by a member of the executive or another office-bearer of the registered Trade Union of which the worker is a member, or by a member of the executive or another office-bearer of a federation of Trade Unions to which that union is affiliated.
Where the worker is not a member of any Trade Union, Section 94 also permits representation through the specified Trade Union or worker representative connected with the industry, subject to the prescribed authorisation requirements.
Section 94(2) - Representation of an employer
An employer who is a party to a dispute may be represented by an officer of an association of employers of which the employer is a member, an officer of a federation to which that association is affiliated, or, where the employer is not a member of an employers' association, by the qualifying representative specified in Section 94 and authorised in the prescribed manner.
Section 94(3) - Restriction on lawyers in conciliation
A party to a dispute is not entitled to be represented by a legal practitioner in conciliation proceedings under the Industrial Relations Code. This maintains the statutory distinction between conciliation and formal adjudication.
Section 94(4) - Lawyer before Tribunal or National Industrial Tribunal
In a proceeding before a Tribunal or National Industrial Tribunal, representation by a legal practitioner requires both the consent of the other parties to the proceeding and leave of the Tribunal or National Industrial Tribunal, as the case may be.
Meaning of Worker and Trade Union
Section 2 of the Industrial Relations Code contains the statutory definitions used throughout the Code. The expression worker identifies the persons covered by the Code subject to the inclusions and exclusions stated in that definition. A Trade Union means a Trade Union registered under the Code. These definitions should be checked when determining whether a person or organisation may rely on Section 94.
Section 36 and Section 94 - Key Position
| Industrial Disputes Act 1947 | Industrial Relations Code 2020 |
|---|---|
| Section 36 governed representation of workmen and employers. | Section 94 governs representation of workers and employers. |
| Trade Union and federation office-bearers could represent eligible workmen. | The corresponding Trade Union representation framework continues. |
| Employer-association and federation officers could represent employers. | The corresponding employer representation framework continues. |
| Legal practitioner not permitted in conciliation proceedings or proceedings before a Court under the legacy Act. | Legal practitioner is not permitted in conciliation proceedings under the Code. |
| Before Labour Court, Tribunal or National Tribunal, lawyer required consent of other parties and leave of the adjudicatory body. | Before Tribunal or National Industrial Tribunal, the dual requirement of consent and leave continues. |
Practical Effect of the Legal Practitioner Rule
Section 94 does not create an unrestricted right to engage an advocate in every industrial-dispute proceeding. In conciliation, legal-practitioner representation is statutorily restricted. Before a Tribunal or National Industrial Tribunal, the party seeking legal representation must satisfy both statutory conditions: consent of the other parties and leave of the adjudicating body.
Related Provisions
| Provision | Subject |
|---|---|
| Section 2 | Definitions relevant to worker, employer, Trade Union, industrial dispute and other expressions used in the Code. |
| Section 43 | Conciliation officers and their role in settlement of industrial disputes. |
| Section 44 | Industrial Tribunal constitution and related provisions. |
| Section 46 | National Industrial Tribunal constitution and related provisions. |
| Section 94 | Representation of workers, employers and legal practitioners in proceedings under the Code. |
| Section 104 | Repeal and saving provisions concerning the enactments consolidated into the Industrial Relations Code. |
Repeal and Saving
Section 104 of the Industrial Relations Code contains repeal and saving provisions relating to the Industrial Disputes Act, 1947 and other enactments consolidated into the Code. Representation in an older or transitional proceeding may therefore require examination of the date of the proceeding, the applicable saving provisions and any relevant State law.
This article provides general statutory information. The right of a particular representative or legal practitioner to appear depends on the nature of the proceeding, the applicable statutory conditions, prescribed rules and any relevant State law.