BIRA 26 — Legal aid to approved unions at Government expense in important proceedings

Bombay Industrial Relations Act (extended to Gujarat), 1946

Statutory text

(1) An approved union entitled to appear—

(a) before a Labour Court in a proceeding for determining whether a strike, lock-out, [closure, stoppage] or change is illegal, or (b) before the Industrial Court in a proceeding involving in the opinion of the Court an important question of law or fact, may apply to the Court for the grant of legal aid at the expense of the [State] Government.

(2) A Copy of every application made under sub- section (1) shall be sent to the Registrar with the least practicable delay.

(3) The Court to which an application is made under sub-section (1) may fix for the hearing of the application a day of which at least three days' clear notice shall be given to the Registrar.

(4) On the day fixed or as soon thereafter as may be convenient, the Court shall examine the witnesses, if any, produced by the union and the Registrar, and may also examine the officers of the union, and shall make a memorandum of the substance of such evidence.

(5) The Court may after considering the evidence aduced under sub-section (4) either grant or refuse the application.

(6) The [State] Government may in consultation with the Industrial Court prescribe the fees for legal advice to, and appearance on behalf of a union before a Court.

(7) For the purposes of this section, legal aid includes advice to the union and the appearance before a Court of a legal practitioner on behalf of the union.

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