Sri Jayaram vs Agricultural Produce Marketing on 17 February, 2018
15. Hon'ble Apex Court in the case of
MAHARASTHRA GIRNI KAMGAR UNION VS. S.
BHATTACHARJI AND OTHERS reported in (1999) 7
SCC 547 while examining the deeming provision of
Section 3(25) of the Bombay Industrial Relations Act,
1946 by which deeming provision, the legislature
treated deemed arrears of subscription for three
calendar months or even more to be a sufficient
disqualification for a person to be continued on the roll
of membership of the Union for subsequent months,
had noticed that said provision having undergone
changes from 1965 onwards and while interpreting the
words "more than three calendar months" as mentioned
in the proviso, pursuant to the amendment in the year
1965, Hon'ble Apex Court has held that a member who
does not pay his subscription for a period of "more than
three calendar months" within the block of six earlier
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calendar months would be deemed to be a non member.
It is further held that the concept of arrears of a
calendar month as laid down by the explanation would
take in its sweep the conduct of a member who does not
pay subscription for the calendar month concerned by
the end of that month or in other words, he has full play
and locus to pay up the subscription for the month
concerned at any time from the first, till last day of such
calendar month. It has been held: