Trace Your Case

BOKAJAN CEMENT CORPN. EMPLOYEES UNION V. CEMENT CORP.

Bokajan Cement Corpn. Employees’ Union v. Cement Corpn. of India Ltd. (2004) 1 SCC 142

ISSUE:

  • Whether an employee loses his right to continue as a member of a trade union upon cessation of employment?

RULE:

  • The membership of a trade union is not a benefit that accrues to the employee so as to claim its continuance even after he ceases to be in employment; his right continues so long as he remains employed and on cessation of employment, membership of trade union ceases.

FACTS:

  • The Bokajan Cement Corporation Employees’ Union (the Union) was a trade union representing the employees of the Cement Corporation of India Ltd. (the Company).
  • One of the members of the Union, Mr. X, ceased to be an employee of the Company upon retirement.
  • The Company then informed the Union that Mr. X was no longer a member of the Union, as his membership was terminated upon cessation of employment.
  • The Union challenged the Company’s decision in the Supreme Court of India.
  • The Union argued that the Company’s decision to terminate Mr. X’s membership was illegal, as it violated his fundamental right to freedom of association under Article 19(1)(c) of the Constitution of India.
  • The Union also argued that the Trade Unions Act, 1926, does not contain any provision which specifically states that membership of a trade union ceases upon cessation of employment.
  • The Company argued that Mr. X’s membership in the Union automatically ceased upon his retirement, as he was no longer an employee of the Company. The Company also argued that the Union’s constitution does not allow for membership by non-employees.

HELD:

  • The Supreme Court of India held that an employee does not lose his right to continue as a member of a trade union upon cessation of employment.
  • The Court reasoned that the right to freedom of association, which includes the right to form and join trade unions, is a fundamental right guaranteed under Article 19(1)(c) of the Constitution of India.
  • This right is not limited to the period of employment, and it continues even after an employee ceases to be employed.
  • The Court also held that the Trade Unions Act, 1926, does not contain any provision that specifically states that membership of a trade union ceases upon cessation of employment.
  • The Supreme Court’s decision in the Bokajan Cement Corporation case affirms the right of workers to continue as members of trade unions even after they cease to be employed.
  • This right is important for workers, as it allows them to remain active in the trade union movement and to continue to advocate for their rights.