The Telegraph
Since 1st March, 1999
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SC boost to trade union members

New Delhi, Nov. 11 (PTI): The Supreme Court has ruled that cessation of employment would not automatically bring to an end an employee’s membership in the union unless it is expressly provided for in the union’s constitution.

The apex court set aside a Gauhati High Court judgment that an employee’s union membership was dependent on employment. “It cannot be held that an employee would cease to be a member of the trade union on termination of his employment,” said Justices Y.K. Sabharwal and B.. Agrawal following an appeal by Bokajan Cement Corporation Employees’ Union challenging the high court verdict.

Justice Sabharwal, writing for the bench, said there is no specific provision in the Trade Union Act, 1926, for automatic cessation of membership, nor is there any clause in the constitution of the union to this effect.

The apex court said membership of a trade union was a valuable right that could be taken away only within clear parameters of the act and the constitution of the trade union.

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