Industrial Tribunal representation is confined to statutory limits; a power of attorney cannot bypass consent and leave requirements.

Section 36 of the Industrial Disputes Act, 1947 permits representation before Industrial Tribunals only within its statutory limits. A legal practitioner cannot appear as a lawyer merely on the basis of a power of attorney, because representation by counsel before a Labour Court, Tribunal or National Tribunal requires the other parties' consent and the forum's leave. The provision is supplemental rather than exhaustive, so companies and corporations may still act through lawful human agents such as directors or authorised officers, but a retained legal consultant does not become an officer of the company by holding a power of attorney. The special regime of the Act prevails over the general right of audience under the Advocates Act, 1961.

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Issues: Whether a legal practitioner can represent a party before an Industrial Tribunal merely on the strength of a power of attorney, and whether section 36 of the Industrial Disputes Act, 1947 exhaustively limits representation so as to exclude other lawful modes of appearance.

Analysis: Section 36(1) and section 36(2) confer independent and unconditional rights on workmen and employers to be represented by the persons specified therein. Section 36(3) imposes a total bar on legal practitioners in conciliation proceedings and before a Court of enquiry, while section 36(4) permits representation by a legal practitioner before a Labour Court, Tribunal or National Tribunal only with the consent of the other parties and the leave of the forum. The scheme of the Act shows that section 36 is supplemental and not exhaustive, so companies and corporations may appear through lawful human agents such as directors or authorised officers, provided the Act is not violated. A legal practitioner does not become an officer of a corporation merely because he is retained as legal consultant or holds a power of attorney. The word "and" in section 36(4) cannot be read as "or", and the special regime of the Industrial Disputes Act prevails over the general right of audience under the Advocates Act, 1961.

Conclusion: A lawyer, as such, cannot appear before an Industrial Tribunal on the basis of a power of attorney without the opposite party's consent and leave of the Tribunal, and section 36 does not permit circumvention of that restriction.

Ratio Decidendi: Representation before an Industrial Tribunal by a legal practitioner is permissible only within the statutory limits of section 36, and a power of attorney cannot be used to bypass the requirement of consent and leave when the practitioner appears in the capacity of a lawyer.

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