2013 (2) TMI 913

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....ecalled vide order of date passed on recall application, both the appeals are restored to their original numbers. As requested by the parties, we have heard Ms. Bushra Maryam for the appellants, Sri Dinesh Kakkar, learned counsel for the respondent and learned Standing Counsel for respondent nos. 1, 2 and 3 and proceed to decide this Special Appeal finally at this stage. 2. Both the appeals have arisen out of the common judgment passed in two writ petitions no. 5903 of 2008 and 13658 of 2008, hence, the appeals have been heard together and are being decided by this common judgment. 3. These intra court appeals have been filed against the judgment dated 21st April, 2008 whereby writ petitions no. 5903 of 2008 and 13658 of 2008 have bee....

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....office-bearers of a registered Trade Union, except not more than one-third of the total number of the office-bearers or five, whichever is less, shall be persons actually engaged or employed in the establishment or industry with which the Trade Union is connected. Explanation.- For the purposes of this sub-section, an employee who has retired or has been retrenched shall not be construed as outsider for the purpose of holding an office in a Trade Union. (3). No member of the Council of Ministers or a person holding an office of profit (not being an engagement or employment in an establishment or industry with which the Trade Union is connected), in the Union or a State, shall be a member of the executive or other office-be....