Dear friend,
Can I infer that by using the word 'espouse' what you actually mean is to 'represent' the contract workmen in any proceedings under the I.D Act,1947 or in a writ before the High Court? Espousal of a dispute under the I.D Act, for all practical purposes, simply means raising and conducting the dispute on behalf of the workmen before the concerned authorities and thus encompasses a wide range of responsibilities from start to finish.On the contrary, 'representation' to act on behalf of someone under authorization would be for the limited purpose of acting on someone's behalf. Anyway, please refer to section 36 of the I.D Act,1947 which deals with the representation of (1) workmen (2) employers and (3) engagement of legal practitioners in any proceedings under the Act.As per S 36(1), a workman who is a party to a dispute is entitled to be represented by any office bearer of a registered trade union of which he is a member or any office bearer of a federation of trade unions to which his trade union is affiliated or in the event of his being no member of any trade union, by the office bearer of any trade union connected with the industry in which the workman is employed or by any other workman employed therein.However, a Division Bench of the hon'ble High Court of Orissa held that the authorities are not barred from permitting a person, not covered by the different clauses of sub-section (1), to represent the workman [P.Adinarayana Reddy v.Industrial Tribunal(1991)2LLN 747]. Therefore, a non-workman president of an unregistered trade union can represent the contract labor in any proceedings under the I.D Act,1947 and in any writ proceeding relating to the dispute of contract labor.
From India, Salem
6018Can I infer that by using the word 'espouse' what you actually mean is to 'represent' the contract workmen in any proceedings under the I.D Act,1947 or in a writ before the High Court? Espousal of a dispute under the I.D Act, for all practical purposes, simply means raising and conducting the dispute on behalf of the workmen before the concerned authorities and thus encompasses a wide range of responsibilities from start to finish.On the contrary, 'representation' to act on behalf of someone under authorization would be for the limited purpose of acting on someone's behalf. Anyway, please refer to section 36 of the I.D Act,1947 which deals with the representation of (1) workmen (2) employers and (3) engagement of legal practitioners in any proceedings under the Act.As per S 36(1), a workman who is a party to a dispute is entitled to be represented by any office bearer of a registered trade union of which he is a member or any office bearer of a federation of trade unions to which his trade union is affiliated or in the event of his being no member of any trade union, by the office bearer of any trade union connected with the industry in which the workman is employed or by any other workman employed therein.However, a Division Bench of the hon'ble High Court of Orissa held that the authorities are not barred from permitting a person, not covered by the different clauses of sub-section (1), to represent the workman [P.Adinarayana Reddy v.Industrial Tribunal(1991)2LLN 747]. Therefore, a non-workman president of an unregistered trade union can represent the contract labor in any proceedings under the I.D Act,1947 and in any writ proceeding relating to the dispute of contract labor.
From India, Salem
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