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.