1. The issue arising for consideration herein is whether by enforcement of Section 30 of the Advocates Act, 1961 [for brevity “Advocates Act”]; an Advocate engaged by a party in a proceeding, before a Labour Court/Industrial Tribunal, under the Industrial Disputes Act, 1947 [for brevity “ID Act”]; gets an absolute right to appear for and on behalf of the litigant. Would Section 30 of the Advocates Act override the specific restriction in sub-section (4) of Section 36 of the ID Act?

2. The individual management is the petitioner herein and the 2nd respondent is the Secretary of a Union representing a worker in an industrial dispute before the Labour Court. The management was represented by a power of attorney holder, who was incapacitated due to medical complications and, hence, the management sought appearance through a legal practitioner, who was, however, declined consent under sub-section (4) of Section 36 of the ID Act, by the Union.

3. The learned Senior Counsel appearing for the management would contend that the issue is covered by the decision of a learned Single Judge of this Court in Saji v. Union of India [2011 (3) KLT 936], wherein the specific effect of introducti