Madras HC directs senior advocates to pay stipends to their juniors for the services they rendered

CHENNAI: Holding that once the services of junior lawyers are utilized, there arises a consequential right on their part to get paid for the services rendered, the Madras High Court directed all the senior advocates practicing in the major cities of Chennai, Coimbatore, and Madurai employing the services of juniors should pay a minimum stipend of Rs.20,000 per month.

A division bench of Justice SM Subramaniam and Justice C Kumarappan also directed the senior advocates practicing in other parts of Tamil Nadu and Puducherry to pay a minimum stipend of Rs.15,000 to their juniors per month for their services.

The minimum stipend fixed should be extended to all junior lawyers without any kind of gender discrimination, read the order. The Bar Council of Tamil Nadu and Puducherry is directed to issue guidelines or circulars to all the senior advocates regarding the directions.

Safeguarding of rights, privileges, and interests of the advocates, it is duty-bound to ensure that the junior lawyers, who all are entering into the legal profession with great ambition are encouraged and their livelihood is protected. We are particularly concerned about the livelihood of the junior lawyers, who all are coming from marginalized sections, and from rural areas to the city to practice law, wrote the bench.

The bench heard a petition moved by an enrolled advocate Farida Begam from Puducherry seeking to direct the Puducherry government and Bar Council of Tamil Nadu to implement the Advocates' Welfare Fund Act, 2001 to safeguard advocates' livelihood.

After hearing the petitioner, the bench directed the Bar Council of Tamil Nadu and Puducherry to conduct a meeting with the recognized associations at Puducherry and Karaikal and to ensure that the proposals submitted by the Trust Committee have been materialized by the government of Puducherry by issuing suitable amendments enhancing the Welfare Fund Scheme amount.

The bench also directed the Bar Council of Tamil Nadu and Puducherry, the government of Puducherry, and recognized associations at Pondicherry and Karaikal are directed to co-ordinate and finalize the proposal for amendment of Advocates' Welfare Fund Act, 2001, to enhance the Welfare Fund Scheme amount submitted by the Trust Committee within four months.

Further, the bench directed the State to respond to the settlement of the welfare fund amount to the eligible members in Tamil Nadu. The matter was posted to June 20 for further consideration.