2023 · Q120
Under the provisions of the Industrial Disputes Act, 1947, right of legal representation before a Labour Court, or Industrial Tribunal or National Industrial Tribunal is:
Industrial Relations and Labour LawsIndustrial Disputes Act, 1947
- AA statutory right
- BNot at all permissible
- CCan be permitted by the forum if the other party does not object or gives consent
- DMay be permitted if such permission is granted by the High Court of the State/Union Territory
Explanation
Section 36 of the Industrial Disputes Act, 1947 does not grant an automatic right to legal representation; a legal practitioner may appear only with the consent of the other party (or parties) and the leave of the Labour Court, Tribunal or National Tribunal. It is therefore a conditional, not statutory or prohibited, right. Hence (c).