Section 40 in U.P. Industrial Disputes Rules, 1957
40. [ Representation of parties. - (1) The parties may, in their discretion, be represented before a Board, Labour Court or Tribunal, -
(i)in the case of a workman subject to the provision of sub-section (3) of Section 6-1, by -(a)an officer of a Union of which he is member, or(b)an officer of a Federation of Unions to which the union referred to in clause (a) above, is affiliated, and(c)where there is no union of workmen, any representative, duly nominated by the workman who are entitled to make an application before a Conciliation Board under any orders issued by Government, or any member of the executive, or other officer;(ii)in the case of an employer, by(a)an officer of a union or Association of employers of which the employer is a member, or(b)an officer of a federation of unions or associations of employers to which the union or association referred to in clause (a) above, is affiliated, or(c)by an officer of the concern, if so authorized in writing by the employer :Provided that no officer of a federation of unions shall be entitled to represent the parties unless the federation has been approved by tire Labour Commissioner for this purpose.(2)A party appearing through a representative shall be bound by the acts of that representative.(3)An application for approval of a federation of unions for representing the parties before a Board, Labour Court and Tribunal shall be made in Form XX to the Labour Commissioner :Provided that no federation of unions shall be entitled to apply for approval unless a period of two years has elapsed since its formation.(4)On receipt of an application under sub-rule (3) above, the Labour Commissioner may, after making such enquiries, as he deems fit, approve the federation or reject the application. In case a federation is approved its name shall be notified in the Official Gazette otherwise the applicant shall be informed of the position in writing by the Labour Commissioner.(5)The Labour Commissioner or the Registrar of the Trade Unions, Uttar Pradesh, may, at any time before or after a federation has been approved, call for such information from the federation as he considers necessary and the federations shall furnish the information so called for.(6)Every approved federation shall, -(a)intimate to the Labour Commissioner and to the registrar of Trade Unions, Uttar Pradesh, in Form XXI every change in the address of its head office and in the members of the executive (including its office bearers) within seven days thereof; and(b)submit to the Labour Commissioner and to the Registrar of Trade Unions, Uttar Pradesh by December 31 every year a list of unions affiliated to it in Form XXII.(7)The Labour Commissioner may, at any time and for reasons to be recorded in writing, withdraw the approval granted to a federation under sub-rule (4) above.(8)A party aggrieved by the order of the Labour Commissioner under sub-rule (4) or (7) may within one month from the date of the receipt of such order prefer an appeal before the State Government, whose decision in the matter shall be final and binding.] [Substituted by Notification No. 9043 (ST)/XXXVI-1, dated 19.1.1978.]
