Category: Trade Unionism

ISSUE:

Whether the word “industry,” as used in Section 2(g) of the Trade Unions Act, carries the same meaning as the word “industry” as defined in Section 2(g) of the Industrial Disputes Act?

Whether employees of a research and development organization are entitled to form a trade union under the Trade Unions Act, even if the organization claims to have no profit motive.

Whether the definition of the word “Industry” contained in the provisions of the Industrial Disputes Act, which is a later enactment, can be read into the provisions of the Trade Unions Act?

Whether the absence of a profit motive affects the classification of an establishment as an “industry” under labor laws.

RULE:

When two statutes are in pari materia (covering the same subject matter), the definition of an ambiguous term in one statute can be interpreted using the definition from the other statute.

The profit motive is not necessary for an organization to be classified as an “industry” if it involves organized activity providing material services, regardless of its commercial intent.

ISSUE:

Whether the Registrar of Trade Unions has jurisdiction to decide the legality and propriety of an election held by a trade union?

RULE:

The powers of the Registrar of Trade Unions are limited to registering the names of elected office bearers, as outlined in Sections 8 and 28 of the Trade Unions Act, 1926.

The Registrar’s role is administrative, not quasi-judicial, meaning they cannot adjudicate disputes over elections or decide disputed legal and factual issues.

ISSUE:

Whether the defendants had wrongfully conspired to injure the plaintiff's business by inducing his customers not to do business with him?

RULE:

It is unlawful to conspire to injure another person's business, even if the means used to achieve that end are not unlawful in themselves.

ISSUE:

Whether a recognized trade union has the exclusive right to represent all workmen in an industry, including those who are not members of the union?

RULE:

Forming an association is entirely independent and different from its recognition. Recognition of a union confers rights, duties and obligations. Non-conferring of such rights, duties and obligations on a union other than the recognised union does not put it in an inferior position nor the charge of discrimination can be entertained. The members of a non-recognised association can fully enjoy their fundamental freedom of speech and expression as also to form the association.

ISSUE:

What is the power and jurisdiction of the Registrar of Trade Unions to adjudicate the grievances of the rival parties?

RULE:

The Registrar of Trade Unions does not have the authority to determine the legality or propriety of an election or to order a fresh election. Disputes regarding the legitimacy of office bearers in a Trade Union should be resolved through civil suits in a court of competent jurisdiction, as the Trade Unions Act does not grant the Registrar jurisdiction for such matters.

ISSUE:

Whether the Registrar of Trade Unions had a duty to register a trade union within a reasonable time frame?

RULE:

Where the Registrar takes no action on an application for more than 3 months, a writ under Art. 226 can be issued commanding the Registrar to deal with the application.

ISSUE:

Whether a member of a trade union is entitled to ask for an account and to claim refund of the sums received by the trade union from the management for and on his behalf on his ceasing to be a member of the said trade union?

RULE:

There was no agreement between the trade union and its members that the amount received towards gratuity and accident benefit should form part of funds of the trade union. Any amount received for and on behalf of the members is liable to be refunded to the workmen concerned.

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.