BOROSIL GLASS WORKS LTD. EMPLOYEES' UNION versus D.D. BAMBODE AND ORS.

Citation: [2000] SUPP. 5 S.C.R. 187 · Decided: 30-11-2000 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Appeal(s) allowed

Judgment (excerpt)

BOROSIL GLASS WORKS LTD. EMPLOYEES' UNION 
A 
v. 
D.D. BAMBODE AND ORS. 
NOVEMBER 30, 2000 
[S. RAJENDRA BABU AND S.N. VARIAVA, JJ.] 
B 
Labour Laws: 
Trade Unions Act, 1926: 
c 
Section 28-IA-lnvoking of-Held: Can only be invoked by a person 
who had been a member of a registered trade union for a period of not less 
than 6 months- A person whose application for membership is neither 
allowed nor considered is not a member for six months, and cannot invoke 
S.28-IA-Trade union-Disputes-Civil Court-Jurisdiction of-Held: is D 
barred only in respect of matters which have been referred to an Industrial 
Court under S.28-IA-Jf a dispute does not fall under S.28-/A civil court has 
jurisdiction-Whether a person should or should not be admitted as a member 
is a dispute within the competence of civil court. 
Interpretation of Statutes: 
Harmonious construction-Rule of-Held: If two interpretations of a 
provision are possible then the one which leads of a harmonious reading of 
the entire provision is to be preferred to the one which renders a portion 
nugatory. 
E 
The appellant was a trader union registered under the Trade Unions F 
Act, 1926. The 4th respondent made an application for membership of the 
appellant-union, which was rejected. Therefore, the 4th respondent filed a 
complaint under Section 28-IA of the Act before the Registrar of Trade 
Unions for grant of a certificate. The Registrar held that since the 4th 
respondent was not a member of the appellant-union for six months prior to 
the date of the application no certificate under Section 28-IA of the Act could G 
be granted to him. However, the High Court held that even a person who had 
applied to become a member could apply under Section 28-IA of the Act Hence, 
this appeal. 
Allowing the appeal, the Court, 
187 
H 
188 
SUPREME COURT REPORTS [2000] SUPP. 5 S.C.R. 
A 
HELD: I.I. Section 28-IA of the Trade Unions Act, 1926 has been 
incorporated to ensure that inter'!al disputes in a trade union get decided. 
The Section specifically provides that it can be invoked only by a person who 
has been a member of a registered trade union for a period of not less than 6 
. months. The words "where there is a dispute as respects whether or not any 
B person is an office-bearer or member of a registered trade union" have to be 
read along with the words "any member of such registered trade union for a 
period of not less than six months". A person whose application for 
T1embership has not been considered or allowed would not have been a member 
for six months. 1191-D] 
C 
1.2. It is a cardinal rule of interpretation that if two interpretations are 
possible, one of which leads to a harmonious reading of the entire provision 
and another, which renders a portion nugatory, then the former interpretation 
has to be accepted. The interpretation given by High Court leads to the 
requirement of a person being a member for six months being rendered 
nugatory. However, if it is held that the dispute "as to whether a person is a 
D member or not" is necessarily a dispute in respect of a person who was already 
a member for a period of not less than six months, but whose membership is 
being disputed, then no portion of the Section gets rendered nugatory. Thus 
it will have to be held that dispute between persons who are not members and 
the Union would not be covered by Section 28-IA. Further a dispute between 
E a person who is not yet a member and a union would not be an internal dispute 
of the union.1191-E-GJ 
2. Under Section 28-IA of the Act the Jurisdiction of the Civil Court is 
barred only in respect of matters, which have been referred to an Industrial 
Court under Section 28-IA. If a dispute does not fall under Section 28-IA then 
F that dispute can always be taken to a civil court. As a dispute whether a person 
should or should not be admitted as a member is not a dispute falling within 
Section 28-IA, it would always be open to such persons to approach a civil 
court for resolution of their disputes. [191-H; 192-AJ 
G 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3409of1995. 
From the Judgment and Order dated 29.9.94 of the Bombay High Court 
in W.P. No. 1758of1993. 
S.J. Deshmukh, Farrukh Rashid, Ms.Pramila S. Kumar and Ashok Kumar 
Gupta for the Appellant. 
H 
C.S. Vaidyanathan (A.C.) Jitendra Acharya and Shankar Anand for the . 
BOROSIL GLASS WORKS LTD. EMPLOYEES' UNION'' D.D. BAMBODE [VARIAVA, l.J J 89 
Respondents. 
The Judgment of the Court was deliv

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