Madhya Pradesh High Court in the case of Aditya Birla Real Estate Ltd., previously known as Century Textiles and Industries Ltd. v. Shramik Janata Sangh and Others, MP Nos. 6022/2024 & 6648/2024, quashed the industrial tribunal’s order that had denied the employer the right to be represented by a senior advocate, who is a member of the employers’ association to which the employer belongs. This decision was based on the application of Section 36(3) and (4) of the Industrial Disputes Act, 1947 (“ID Act“), which typically prohibits the representation of parties by advocates in industrial dispute proceedings. The Court observed that if a person holds office or is appointed as a functionary on the executive committee of an employers’ association, they qualify as an officer of that association within the meaning of Section 36(2) of the ID Act, regardless of how they obtained the office. Consequently, the employer is entitled to be represented by a senior advocate who is an officer of the association of industries.
Also read – Under PoSH Inquiry, strict rules of evidence do not apply: Madras HC
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