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january 1988

Supreme Court of India · 1988-01-27

UNION OF INDIA & ANR. A vs M.T.S.S.D. WORKERS UNION & ORS.

Citation / case number
SC 1988/70783
Court
Supreme Court of India
Petitioner
UNION OF INDIA & ANR. A
Respondent
M.T.S.S.D. WORKERS UNION & ORS.
Author
G.L. OZA
Bench
G.L. OZA

Judgment text excerpt

The Supreme Court upheld the Bombay High Court's decision that the division of constituencies for the election of the Works Committee under the Industrial Disputes (Central) Rules, 1957 was impermissible when a registered trade union has more than 50% membership. The Court clarified that under Rule 42, if a trade union represents more than half the workers, elections must be conducted without constituency division. The appeal was dismissed, affirming the High Court's interpretation of Rules 39, 41, 42, and 43 of the Industrial Disputes Act, 1947.

UNION OF INDIA & ANR. A vs M.T.S.S.D. WORKERS UNION & ORS. · Niyam