The election of a Trade Union office bearers was held at the factory premises. Apart from the workers employed in the factory, 2 trade union members and a non-employee of the factory desired to become the office bearers.

Office-bearer in the case of a trade union, includes any member of the executive thereof, but does not include an auditor. [Section 2 (b) of the Trade Unions Act, 1926] Section 22(1) of the Trade Unions Act, 1926 provides that not less than one-half of the total number of the office-bearers of every registered Trade Union in an unorganised sector shall be persons actually engaged or employed in an industry with which the Trade Union is connected. Provided that the appropriate Government may, by special or general order, declare that the provisions of this section shall not apply to any Trade Union or class of Trade Unions specified in the order. Further, Section 22(2) provides that, save as otherwise provided in sub-section (1), all office-bearers of a registered Trade Union, except not more than one-third of the total number of the office-bearers or five, whichever is less, shall be persons actually engaged or employed in the establishment or industry with which the Trade Union is connected. Therefore, a non-worker can contest for the post of office bearer of a Trade Union as per Section 22 (2) of the Trade Union Act, 1926.