Bokajan Cement Corpn. Employees’ Union v. Cement Corpn. of India Ltd. (2004 SC)

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• The question for determination here is whether an employee would lose his right to continue as a member of the trade union if he ceases to be an employee. The High Court held that the employee cannot continue as a member and the appeal is before the SC.
• The High Court held that the membership of a trade union is not a benefit that accrues to the employee so as to claim its continuance even after he ceases to be in employment.
• The Supreme Court on the other hand stated that there is no specific provision in the Act which provides for automatic cessation of membership of the trade union. However, the Act requires that the rules of the trade union should provide for admission of members who shall be persons actually engaged or employed in an industry with which the trade union is connected.
• The Supreme Court assessed the provisions of the TUA and the constitution of the trade union and ruled that membership related provisions provided for the criteria for the admission of members. Furthermore, they also set down scenarios in which the membership of a person would be liable to be cancelled, which include non-payment of dues, misconduct etc. The SC felt that if automatic cessation of membership upon cessation of employment was the intent of the legislature, it would have been so provided under the Act. However, in the absence of such provision, it cannot be held that any such automatic cessation should happen.

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