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september 1976

Supreme Court of India · 1976-09-09

PARADIP PORT TRUST, PARADIP vs THEIR WORKMEN

Citation / case number
SC 1976/60818
Court
Supreme Court of India
Petitioner
PARADIP PORT TRUST, PARADIP
Respondent
THEIR WORKMEN
Author
P.K. GOSWAMI
Bench
P.K. GOSWAMI

Judgment text excerpt

The Supreme Court held that under Section 36 of the Industrial Disputes Act, 1947, the representation of parties by legal practitioners in industrial disputes is subject to specific conditions. The Court clarified that the restrictions in Section 36(4) require prior consent from the opposite party and leave from the Tribunal for legal representation, and these restrictions cannot be circumvented by a power of attorney. The Court upheld the Tribunal's decision that the relationship between the appellant and the legal practitioner was that of client and lawyer, not employer and employee, thus dismissing the appeal.

PARADIP PORT TRUST, PARADIP vs THEIR WORKMEN · Niyam