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Gujarat Textile And General Labour ... vs Commissioner Of Labour And 3 Ors. on 27 July, 2005 cites

Bennett Coleman & Company Ltd. And Anr. vs Narayan Atmaram Sawant And Ors. on 2 May, 2002

7. Learned counsel for the appellants have placed strong reliance upon the judgement of a learned Single Judge of the Bombay High Court in the matter of Bennet, Coleman and Co. Ltd. v. Narayan Atmaram reported in 2002 (95) Factory Law Reporter 544 to contend that irrespective of the fact that certain persons are members or not, every worker in the area would be entitled to the benefits settled between the employer and the representative union. It on the strength of the membership it is in a position to settle their disputes, then it cannot say that benefits would flow in favour of its members only. We will agree with the submissions of Mr. Vasavda because law says that in a particular area there can be more than one trade union, but one which has higher strength of the members can be registered as representative union. A representative union under the law is entitled to enter in a dialogue with an employer and negotiate on various subjects relating to industrial dispute and industrial matters. The moment certain industrial disputes are settled and a settlement is arrived at then such settlement becomes binding not against the members of the representative union only, but it binds every worker working with the establishment or in the said area. We must hold that to get benefits of the settlement, a worker is not required to be a member of the representative union nor is required to pay any subscription to the representative union.
Bombay High Court Cites 8 - Cited by 4 - R J Kochar - Full Document
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