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Trade Unions Act 1959, Page 6

PART VI - DISPUTES

Decision of disputes

44. (1) Every dispute between—

(a) a member or person claiming through a member or under the rules of a registered trade union or any branch thereof, and the union or any branch thereof or an officer thereof;

(b) any person aggrieved who has ceased to be a member of a registered trade union or any branch thereof, or any person claiming through such person aggrieved, and the union or any branch thereof, or an officer hereof;

(c) any registered trade union and any branch thereof;

(d) an officer of any branch and the registered trade union of which such branch is a branch; or

(e) any two or more branches of a registered trade union or any officers thereof respectively,

shall be decided in the manner directed by the rules of the trade union, and the decision so given shall be binding and conclusive on all parties; and application for the enforcement thereof may be made to a Sessions Court.

(2) The parties to a dispute in a registered trade union may, by consent (unless the rules of the union expressly forbid it), refer the dispute to the Director General.

(3) The Director General of Trade Unions shall either by himself or by any Deputy Director General, or any Director, or any Assistant Director, hear and determine any dispute referred under subsection (2), and shall have power to order the expenses of determining the dispute to be paid either out of the funds of the union, or by such parties to the dispute as he may think fit, and his determination and order shall have the same effect and be enforceable in like manner as a decision made in the manner directed by the rules of the union.

(4) The Director General of Trade Unions, any Deputy Director General, or any Director, or any Assistant Director may for the purpose of determining a dispute referred under subsection (2) administer oaths, and may require the attendance of all parties concerned, and of witnesses, and the production of all books and documents relating to the matter in question.

(5) Where the rules of a registered trade union direct that disputes shall be referred to the courts, the dispute shall be determined by a Sessions Court.

(6) Where no decision is made on a dispute within forty days after application to the union for a reference under its rules, the member or person aggrieved may apply to a Sessions Court and the Sessions Court may hear and determine the matter in dispute.

Powers of the Court and Director General in relation to disputes

45. Notwithstanding anything contained in the *Arbitration Act 1952 [Act 93], or in any other written law, a Sessions Court and the Director General or any arbitrator or umpire to whom a dispute is referred under the rules of a registered trade union shall not be compelled to state a special case on any question of law arising in the case, but the Court or Director General may, at the request of either party, state a case for the opinion of the High Court on any question of law, and may also grant to either party such discovery as to documents and otherwise, or such inspection of documents as might be granted by any court, and the discovery shall be made on behalf of the union by such officer thereof as the Sessions Court or the Director General may determine.

Interpretation of “dispute” for the purpose of this Part

46. In this Part the expression “dispute” includes any dispute arising on the question whether a member or person aggrieved is entitled to be or to continue to be a member or to be reinstated as a member, or whether the rules relating to the decision of disputes or the procedure thereunder has not been complied with but, save as aforesaid, in the case of a person who has ceased to be a member, does not include any dispute other than a dispute on a question between him and the trade union or an officer thereof which arose whilst he was a member or arises out of his previous relation as a member to that trade union.

*NOTE—The Arbitration Act 1952 [Act 93] has since been repealed by The Arbitration Act 2005 [Act 646].

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