2013 (2) TMI 913 - HC - Indian Laws

Summary

Issues involved:
The judgment involves the interpretation of Section 22 of the Trade Union Act, 1926, specifically regarding the status of laid-off employees in relation to the requirement of office-bearers in a registered Trade Union in the unorganized sector.

Details of the Judgment:

Issue 1: Quashing of Registration Certificate
The appeals were filed against a judgment quashing the Registration Certificate issued to a trade union. The appellants argued that laid-off employees should be considered as actually engaged or employed in the establishment/industry.

Issue 2: Interpretation of Section 22 of the Trade Union Act, 1926
The core consideration was Section 22 of the Trade Union Act, 1926, which mandates that office-bearers of a registered Trade Union in the unorganized sector must be persons actually engaged or employed in the relevant industry. The Act sets out the proportion of office-bearers connected with the industry and provides exceptions for certain situations.

Issue 3: Status of Laid-Off Employees
The question arose whether laid-off employees should be considered as actually employed or engaged in the industry for the purpose of holding office in a Trade Union. The court referred to previous judgments and observed that being laid off implies temporary unemployment, which does not qualify as being engaged or employed.

Conclusion:
The court dismissed the appeals, upholding the judgment that laid-off employees cannot be considered as actually engaged or employed in the industry for the purpose of office-bearers in a Trade Union. The decision was based on the interpretation of Section 22 of the Trade Union Act, 1926, and relevant case law.