Supreme Court of India · 2003-11-10
Bokajan Cement Corporation Employees' ... vs Cement Corporation Of India Ltd
- Citation / case number
- AIR 2004 SUPREME COURT 245
- Court
- Supreme Court of India
- Petitioner
- Bokajan Cement Corporation Employees' ...
- Respondent
- Cement Corporation Of India Ltd
- Author
- B.N. Agrawal
- Bench
- B.N. Agrawal
Judgment text excerpt
The Supreme Court held that an employee does not automatically lose the right to continue as a member of a trade union upon cessation of employment, as there is no explicit provision in the Trade Union Act, 1926 or the union's constitution mandating such cessation. The Court emphasized that membership rights are tied to actual employment, but the absence of a specific clause for automatic cessation means that the High Court's ruling was not supported by the Act. The Court ultimately reversed the High Court's decision, affirming that membership should not cease solely due to employment termination.