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november 2003

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.

Bokajan Cement Corporation Employees' ... vs Cement Corporation Of India Ltd · Niyam