Industrial Disputes Act, 1947–Sec. 36(1)–Dismissal of application –Justification–The person representing the workman has to be a member of the executive or the office bearer of a registered trade union of which the workman is a member–The second category is of any member the executive or the office bearer of a federation of trade unions to which the trade union of which the workman is a member, is affiliated–The third category applies when the workman is not a member of any trade union and in such case, he can be represented by any member of the executive/office bearer of any trade union connected with the industry in which the workman is employed or by any other workman employed in the industry–In the instant case, Authority letter was filed by A stating himself to be the office bearer of Bhartiya Cement Mazdoor Sangh–On the date of filing the authority letter, Sangh was not registered–View of Tribunal that in the matter of industrial disputes, the workman could be represented/assisted by the office bearers of the unregistered trade union too, is contrary to the legal provisions of Sec. 2–Impugned order is liable to be set aside.
