Trade union dispute reference under Section 28(1A) requires six months' membership and excludes mere applicants for membership.

Section 28(1A) of the Trade Unions Act, 1926 applies only where the applicant is a registered trade union member for at least six months. The provision must be read harmoniously so that the six-month membership requirement governs disputes concerning office-bearers or members, and does not extend to a person whose membership application has not been accepted. A dispute over admission to membership is therefore outside Section 28(1A), and the bar on civil court jurisdiction operates only when the dispute falls within that provision.

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Issues: Whether a person who has merely applied for membership of a registered trade union, but has not been a member for at least six months, can invoke Section 28(1A) of the Trade Unions Act, 1926 to seek a reference of the dispute with the consent of the Registrar.

Analysis: Section 28(1A) authorises reference of internal trade union disputes only by a member of the registered trade union for a period of not less than six months. The expression relating to disputes as to whether a person is an office-bearer or member must be read with the six-month membership requirement so that the provision is given a harmonious construction and no part of it is rendered otiose. A person whose application for membership has not been accepted is not a member for the requisite period, and a dispute over admission to membership is not an internal dispute covered by the section. The bar of civil court jurisdiction operates only where the dispute falls within Section 28(1A).

Conclusion: A non-member or a person seeking admission to membership cannot invoke Section 28(1A), and such a dispute does not fall within the section.

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