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In this case of Karurvyas Bank Retirees Association Vs Deputy Commissioner of Labour, a petition was filed to set aside the order of Deputy Commissioner of Labour of rejecting an association of retired employees under the Trade Unions Act 1926 which was ordered in 2016 by stating the grounds that they are ex-employees and only employees in roll can register for it. On the other hand the appellant contended that as per section 2(g) which says "anybody can form association who was in employment and is in employment" . The matter was brought to the Madras HC as it was contended by the Appellant that they have certain grievances such as pensions and various unsettled disputes with the bank for which they formed an association under the Trade Unions Act 1926 and for the registration of the same, they applied to the authority concerned with it i.e Deputy Commissioner of Labour, Chennai.
HC heard the matter and observed that rejection of ex-employees association on the ground that they are retired is unsustainable and also is violative of Article 19(c) of the Constitution of India and against the spirit of Trade Unions Act 1926. Therefore the court observed that as per the section 2(g) of the Trade Unions Act 1926 mentions "employees cease to be in employment are also allowed to be a part of Trade Unions to raise dispute". Also, respondent mentions two case precedents to supports his case viz. Government tool room and training centre supervisory and officer's association, Banglore and Anr. Vs. Assistant Labour Commissioner and Deputy registrar of Trade Unions, Banglore Division and ors. -the judgement of Karnataka HC, in this case, were not really supportive of the respondent case but the other case viz. Bajaj auto limited Vs Stae of Maharashtra was an example. However, the findings, in this case, was different was aginst the registration under Trade Union Act on the grounds that employees did not fulfil the required criteria for the registration with the registrar also none of them was a regular employee of the bank unlike in the present case where the people applying for the registration are the retired employees and are willing to form a union to espouse their interest in the unsettled disputes and grievances.
Madras HC opined that if section 6(f) is closely read then it implies that " member of the union could be employee or retired employees". It also was also of the view that registration for an association may be rejected on other grounds which maybe with the wrong objectives but can not deny the registration on such grounds which is the issue raised in this case. HC also mentioned that such unions of ex-employees or retired people can not join hands with the association of present employees of an organisation as their objectives and grievances will not be on the same footing.
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