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Section 60: Representation of parties

The Industrial Relations Code, 2020 (Act No. 35 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VII: Mechanism for Resolution of Industrial Disputes
Competent Labour Forum
Act No. 35 of 2020
Section 59 All 104 Sections of Industrial Relations Code, 2020 Section 61

Legal Commentary & Landmark Judgments: Section 60

Section 60 of the Industrial Relations Code, 2020 regulates the legal representation of parties in industrial proceedings—permitting representation by trade union officials or employers' associations, imposing an absolute bar on legal practitioners during conciliation, and conditioning advocate appearances before Tribunals upon mutual party consent and tribunal leave.

  • Representation by Union or Association Officials: Workers are entitled to be represented by executive members or office-bearers of a registered Trade Union or co-workers; employers by officers of an employers' association or federation.
  • Categorical Bar on Lawyers in Conciliation: Legal practitioners are strictly barred from appearing or representing any party in conciliation proceedings to preserve informal, non-technical mediation.
  • Strict Dual Test for Advocates before Tribunal: A legal practitioner can appear before the Industrial Tribunal only if two conjunctive conditions are met: express or implied consent of all other parties, AND formal leave granted by the Tribunal.
Key Landmark Precedents:
  • Paradip Port Trust v. Their Workmen (1977) 2 SCC 339: Landmark 3-Judge Bench decision holding that an advocate who is a bona fide office-bearer of a trade union or employers' association can represent that body as an officer, but an outside advocate cannot appear without satisfying the consent and leave requirements.
  • Bar Council of India v. A.K. Balaji (2018) 5 SCC 379: Supreme Court discussed statutory limitations on advocate appearances in specialized tribunals, affirming Parliament's power to regulate legal representation.
  • Hygienic Foods v. Jasbir Singh (2011) 124 FLR 176 (P&H): High Court held that where a party permits an advocate to appear for several hearings without objection, consent under industrial law is implied and the party is estopped from objecting belatedly.
Courtroom Practice & Strategic Litigation Guidance:

Trade unions opposing company lawyers should raise a formal objection at the very first hearing before the Industrial Tribunal, stating on record that they withhold consent under Section 60(4). Corporate employers wishing to deploy legal counsel should ensure counsel holds a designated office within an employers' federation (e.g. EFI, AIOE) to represent management under Section 60(2).

Section 59 All 104 Sections of Industrial Relations Code, 2020 Section 61