Lawyer Resume

Section 30 of the Advocates Act came into force on 15.6.2011\. Parliament, in its wisdom, has given absolute rights to advocates. An advocate shall have the right to practice before any person authorized to take evidence. In a departmental inquiry, the inquiry o...

Dear Varghese Mathew,My intention was to comment on the attitude of many managements to narrow down or restrict the rights available or even to deny such rights given by statutes. There is more and more tendency of such nature, which I find alarming. If we obser...

One final point in this matter. If any of the members are preparing standing orders, make it in such a way that only a coworker can be allowed to assist the delinquent employee, and not an advocate or TU leaders. A coworker may be a TU executive, but it is of le...

Dear all,The judicial dictum is well settled that the assistance of an advocate cannot be allowed unless the circumstances pointed out in the comments of Shri Varghese Mathew & Raju Bhatnagar are met. If advocates are to be allowed at free will, then it will no ...

Hello friends,I need your valuable advice for my query below. During suspension pending enquiry proceedings, can the delinquent employee (petitioner) appoint a lawyer to conduct the disciplinary proceedings on his behalf? Please provide sufficient court orders t...

I wonder if the suggestion - Standing Orders should be made to allow only co-workers in an inquiry and nobody else. It seems the submission and certification of Standing Orders is not a joint task but a unilateral process of management, so that the management ca...

If the rules permit or if the management is represented by an advocate, then the employee is entitled to be represented by an advocate. This is the general rule. However, there are court rulings holding that if the charges are very complicated to defend, then an...

This is an old thread from 2013, so the matter has presumably long been dealt with. The OP has not provided us with the outcome of his problem.If such a matter arises again, it can be dealt with in a new thread with more up-to-date information.

Dear Sreedevi,In the normal course of a domestic enquiry, the engagement of a lawyer by the delinquent employee is not allowed unless the rules for the conduct of such an enquiry permit it. I am attaching two judgments in this regard:(i) A Supreme Court Judgment...