Appearence in labour court
DR K DHAMODHARAN
(Querist) 15 October 2013
This query is : Resolved
I am working as PSU employee. I am a qualified Lawyer with LLB qualification. I am also serving as President of Labour welfare society registered under the societies Registration Act 1975. My question is Can I appear on behalf of an affected employee in Labour Court as President of the registered Labour Welfare society ? The affected person is serving in Government of Tamilnadu and was awarded Punishment for the certain charges for which a suit is to be filed in the Labour court? Kindly clarify my doubt- K DHAMODHARN M.A., LLB
Devajyoti Barman
(Expert) 15 October 2013
Yes, you can appear but not as an advocate and as a party in person.
DR K DHAMODHARAN
(Querist) 16 October 2013
To
Advocate barman
Sir
Thanks. Can you pl send me any model forms for filing the suit in Labour cOurt. If there any set of procedure manual available for labour court. Party in person denote only affected person can appear. I am the agent/authorised reprentatiove of the affected person ( punished employee). Can I appear on his behalf as his rep ion labour court.
Thanks
Dr K Dhamodharan. M.A.LLB.Ph.D
Dr J C Vashista
(Expert) 16 October 2013
Dr. Dhamodharan,
Why do yu want to take up the brief/case while you are in service as President of a registered Labour Welfare Society,a private/non-gevernment organisation. It is advisable to guide/supervise the Authorised representative of affected person or the affected person him/herself
prabhakar singh
(Expert) 16 October 2013
Though the office you hold authorizes you to appear in labor court on behalf of members of registered association but it appears despite being an LLB.you lack procedural knowledge,hence it is advisable you must take help of a local labor law practitioner
for smooth and defectless running of the case proposed,and no harm is caused to the employee whose interest has to be watched by you as that must be a prime concern of all.
Devajyoti Barman
(Expert) 16 October 2013
It is not about format which you can get easily from the labour court itself.
The formats may vary from court to court.
Yes it is advisable to get one practitioner handy with who you can do the job in tandem.
R.K Nanda
(Expert) 16 October 2013
nothing to add more.
DR K DHAMODHARAN
(Querist) 16 October 2013
Dr K Dhamodharan.
Thanks to all my seniors who have responded to my requests. Especially i thank Mr R.K Nanda,Mr Barman,Mr prabhakar Singh, Dr J C Vasishta for their guidance. Now I feel that I can practice the labour/service laws under the guidance of the above mentioned labour laws experts and serve the trade unions here.
Devajyoti Barman
(Expert) 16 October 2013
Yes, all the very best for your new assignment.
