The Management of Central Machine Tool Institute, the Petitioner, challenged the validity of the registration of their employees' association as a trade union under the provisions of Trade Union Act, 1926 on the ground t

CS Professional · Labour Laws & Practice · PYQS · December 2024
The Management of Central Machine Tool Institute, the Petitioner, challenged the validity of the registration of their employees' association as a trade union under the provisions of Trade Union Act, 1926 on the ground that the institute is purely a research and development organisation without any profit motive and therefore it is not a trade or industry for the purpose of Trade Union Act and accordingly registration of the association of the employees of the institute under the Trade Union Act, 1926 by the office of registrar of Trade Union is without any legal basis and liable to be cancelled. Decide the following: (ii) Whether the registration of the association of employees as a trade union without hearing the petitioner employer is violation of the principles of natural justice.

Answer & Explanation:

The registration of the association of employees as a Trade Union without hearing the petitioner employer is not in violation of principles of natural justice. The word Industry as used in Section 2(g) of the Trade of Unions Act, 1926 should be wide enough to be read like how it is defined in Section 2(j) of Industrial Disputes Act, 1947. Reading the judgment in BWSSB Vs Rajappa- 1978 , the workmen of central Machine tools are also workmen employed in a trade or industry for the purpose of the Trade Union Act, 1926 as well and consequently, they have the right to form a Trade Union, and get it registered under the provisions of the Trade Unions Act, 1926. Hence there is no violation of principles of natural justice.

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