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TMI Blog2013 (2) TMI 913X X X X Extracts X X X X X X X X Extracts X X X X ..... red to their original numbers. As requested by the parties, we have heard Ms. Bushra Maryam for the appellants, Sri Dinesh Kakkar, learned counsel for the respondent and learned Standing Counsel for respondent nos. 1, 2 and 3 and proceed to decide this Special Appeal finally at this stage. 2. Both the appeals have arisen out of the common judgment passed in two writ petitions no. 5903 of 2008 and 13658 of 2008, hence, the appeals have been heard together and are being decided by this common judgment. 3. These intra court appeals have been filed against the judgment dated 21st April, 2008 whereby writ petitions no. 5903 of 2008 and 13658 of 2008 have been allowed and the Registration Certificate dated 18.1.2008 issued by Registrar, Tra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e-bearers or five, whichever is less, shall be persons actually engaged or employed in the establishment or industry with which the Trade Union is connected. Explanation.- For the purposes of this sub-section, an employee who has retired or has been retrenched shall not be construed as outsider for the purpose of holding an office in a Trade Union. (3). No member of the Council of Ministers or a person holding an office of profit (not being an engagement or employment in an establishment or industry with which the Trade Union is connected), in the Union or a State, shall be a member of the executive or other office-bearer of a registered Trade Union. 6. It controls number of office bearers of a registered Trade Union in an unorgan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laid off employee or not. 9. This issue came to be considered by the Apex Court in Priya Laxmi Mills Vs. Mazdoor Mahajan Mandal, Baroda [1977 (1) L.L.J.22]. The Apex Court clearly observed, when the workers are unemployed and they are laid off, that immediately results in their unemployment, however, temporarily. 10. In the context of industrial Dispute Act, a Division Bench of Bombay High Court in Nutan Mills Vs. E.S.I. Corporation [AIR 1956 Bombay 336] also expressed the same view that the term 'laid off' assumes and implies that the employer is not in a position to offer employment to his employee and, therefore, he terminates employment, though temporarily, during emergency and while that emergency continues, the employ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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