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Trade Unionism

ACC Rajanka Lime Stone Quarries Mazdoor Union v. Registrar of Trade Unions AIR 1958 Pat 470

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.

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Trade Unionism

G.S. Dhara Singh v. E.K. Thomas AIR 1988 SC 1829

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.

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Trade Unionism

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.

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