TMI Blog2000 (11) TMI 1234X X X X Extracts X X X X X X X X Extracts X X X X ..... dure of the Appellant Union no action was taken on the said application. All those persons were asked to apply individually by filling in the prescribed form and make payment of requisite fee and membership subscription. The Appellant received a notice dated 15th April, 1993 from the Registrar of Trade Unions under Section 10(b) of the Trade Unions Act threatening to cancel the registration of the Appellant Union. The Appellant Union then learnt that this was pursuant to a complaint filed by 4th Respondent under Section 28(1A) of the Trade Unions Act. The Appellant then represented their case before the Registrar. The Registrar of Trade Unions thereafter informed the 4th Respondent that since he was not a member of the Appellant Union for s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Court shall after hearing the parties to the dispute decide the dispute; and may require an office-bearer or member of the registered trade union, to be appointed whether by election or otherwise under the supervision of such person as the Industrial Court may appoint in this behalf or removed, in accordance with the rules of the trade union: Provided that, the Industrial Court may pending the decision of the dispute, make an interim order specifying or appointing any person or appointing a Committee of Administration for any purpose under the Act including the purpose of taking possession or control of the property in dispute and managing it for the purposes of the uni on pending the decision. (3) The decision of the Industrial Court sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Registrar of Trade Unions to refer such disputes to the Industrial Court constituted under the Bombay Industrial Relations Act, 1946, and to bar the jurisdiction of civil courts from entertaining such disputes. It is also proposed to empower the Industrial Court to pass interim orders, and its decisions are to be made final and binding on parties. In our view, on a plain reading of Section 28(1A), the interpretation given by the High Court cannot be sustained. Section 28(1A) has been incorporated to ensure that internal disputes in a trade union get decided. The Section specifically provides that it can be only invoked by a person who has been a member of such registered trade union for a period of not less than 6 months. The word ..... X X X X Extracts X X X X X X X X Extracts X X X X
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