:1: :1: :1: srp HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6787 OF 2008. WRIT PETITION NO. 6787 OF 2008. WRIT PETITION NO. 6787 OF 2008. Suresh Chandra Shukla. ..Petitioner. V/s. Union of India and others. ..Respondents. ------- Petitioner party in person. Mr. J. S. Walia for respondent no.2. CORAM: S. B. MHASE & CORAM: S. B. MHASE & CORAM: S. B. MHASE & D.B.BHOSALE, JJ D.B.BHOSALE, JJ D.B.BHOSALE, JJ. DATE: January 12, 2009. DATE: January 12, 2009. DATE: January 12, 2009. P.C. P.C. P.C. 1. Heard the petitioner in person. The grievance of the petitioner is that the retired persons cannot be the members of the Trade Union and they cannot be the office bearers of the Union. He has therefore filed an application under section 28-A of the Trade Unions Act, 1926. 2. On perusal of section 22(2) of the Trade Unions Act, 1926 we find that section 22 permits that 1/3rd of the total number of the office bearers can be the outsiders who are not actually engaged or employed in the establishment or industry with which the Trade Union is connected. Not only that the Explanation to the said section further makes it clear that for the purposes of this sub-section, namely, sub-section (2) of :2: :2: :2: section 22, 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. Therefore, the retired employees and even the retrenched employees can continue to be the office bearers of the Trade Union. The Industrial Court has taken into consideration this aspect and has rightly rejected the complaint. We find that the complaint has been properly dealt with and therefore no interference is called for at the hands of this Court. Writ Petition is rejected. (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.)