RASHTRIYA GIRANI KAMGAR SANGH Vs. VITHAL RAMCHANDRA SHINDE

JUDGEMENT

(1.) Heard Mrs. Sarnaik, learned counsel for the Petitioners, and Mr. Arjunwadkar, learned counsel for Respondent No.1.

(2.) The issue raised for consideration in the present Writ Petition is about interpretation of Sec. 28(1A) of the Trade Unions Act, 1926, which reads as follows :-

(3.) According to learned counsel for the Petitioners, the necessary implication of this Sec. is that, a person has to be the Member of a registered Trade Union for a period of six months, preceding the date on which the dispute is raised. Here in the case, it is submitted that, Respondent No.1 was expelled from the Membership by the letter dated 18th Aug. 2008 and he has raised the dispute on 25th Feb. 2010. Therefore, as on that date, he was not the Member for preceding six months, the Industrial Court had no jurisdiction to entertain his dispute.