- (1.) The short question for determination in this matter is whether an employee as a result of cessation of employment would lose his right to continue as a member of the trade union. The High Court, by the impugned judgment, reversing the decision of a single Judge, has answered the question in the affirmative. The Union is the appellant.
(2.) The High Court has hel that the right to continue as a member of the trade union continues so long as an employee is actually employed. For its conclusion, the relianc has been placed by the High Court on Section 6 of the Trade Union Act, 19 (for short, 'the Act') and clauseConstitution of Bokajan Cement Corporation Employees' UniHigh Court has held that the membership of a trade union is not a benefithat accrues to the employee so as to claim its continuance even after hceases to be in employment; his right continues so long as he remains employed and on cessation of employment, membership of tradeceases.
(3.) There is no specific provision in the Act which provides for automatic cessation of membership of the trade union on an employee on cessation of his employment. There is also no specific clause in the Constitution of the appellant union which provides for such automatic cessation. Learned counsel for the respondent, however, places strong reliance on Section 6(e) of the Act and clause 5 of the Constitution of the trade union to support the impugned judgment.;