LABOUR RELATIONS

Restrictions on appearance of Advocates in Labour Courts need re-consideration

November 1, 2021

A counter affidavit has been filed in the present case on behalf of Union of India. In paragraph 3 (E) it has been stated that a bill was introduced in the Rajya Sabha in the year 1992 seeking amendment in Section 30 of the Advocates Act, 1961 to provide that the provisions of Section 30 cannot override the provisions of special enactment such the Industrial Dispute Act, 1947, the Family Courts Act, 1984 which prohibit the appearance of Advocate.

The subject of appearance of the Advocates as of right before the Labour courts and industrial Tribunal created under the Industrial disputes at 1947 had been a matter of controversy for a long time. The reason being that although the Advocates Act 1961 was enacted, still Sec. 30 of the said Act was ineffective for want of notification by the Central Government.

The Central government issued notification dated 9/6/2011 giving effect to Section 30 of the Advocate Act 1961 with effect from 15th of June 2011.

The said section 30 of Advocates Act, 1961 is reproduced below for reference.

30. Right of Advocate to practice:- Subject to the provisions of this Act, every advocate whose name is entered in the 1[State roll] shall be entitled as of right to practice throughout the territories to which this Act extends,-

(i) in all courts including the Supreme Court;

(ii) before any...