9911796707
|
Home
Issues: Interpretation of Section 28(1A) of the Trade Unions Act
Analysis: The judgment revolves around the interpretation of Section 28(1A) of the Trade Unions Act. The High Court had given a broad interpretation to this section, allowing even a person who applied for membership to apply under it. However, the Supreme Court disagreed with this interpretation. The Supreme Court emphasized that Section 28(1A) aims to resolve internal disputes within a trade union and can only be invoked by a person who has been a member for at least six months. The Court highlighted that the requirement of a person being a member for six months is crucial and should not be rendered nugatory. The judgment stressed that disputes between individuals who are not yet members of the union do not fall under Section 28(1A). Therefore, such disputes can be taken to a civil court for resolution, as the jurisdiction of the civil court is only barred for matters referred to an Industrial Court under Section 28(1A). The Supreme Court concluded that the High Court's interpretation was incorrect and set aside the judgment, allowing the appeal with no order as to costs. The judgment also delves into the Statement of Objects and Reasons for incorporating Section 28(1A) of the Trade Unions Act. It explains that the purpose of this section is to provide a mechanism for resolving internal disputes within registered trade unions efficiently. By empowering members to refer disputes to the Industrial Court and making the court's decisions final and binding, the Act aims to prevent prolonged disputes that paralyze the functioning of trade unions. This background information underscores the importance of correctly interpreting and applying Section 28(1A) to fulfill the legislative intent behind its inclusion in the Trade Unions Act. In conclusion, the Supreme Court's analysis of the interpretation of Section 28(1A) of the Trade Unions Act emphasizes the importance of adhering to the statutory requirements and objectives of the provision. By clarifying that only disputes involving members who have been part of the union for at least six months fall under this section, the Court ensures that the internal dispute resolution mechanism within trade unions operates effectively and in line with the legislative intent.
|
