What was the core question in this case?

Whether a worker’s trade union membership ends automatically when the worker retires or otherwise stops being an employee.

What did the Supreme Court hold?

The Court said a worker does not lose the right to continue as a trade union member only because employment has ended.

Which constitutional right was relied on?

The right to freedom of association under Article 19(1)(c), which includes forming and joining trade unions.

Does the Trade Unions Act, 1926 force membership to end on retirement?

No. The Act has no clause that mandates automatic end of membership on cessation of employment.

Can a union’s own constitution restrict membership to current employees?

A union’s constitution matters. But in this dispute the broad constitutional right and statutory scheme supported continuing membership.

Bokajan Cement Corpn. Employees’ Union v. Cement Corpn. of India Ltd. (2004) 1 SCC 142)

Quick Summary

This case looks at a simple question: does union membership stop when a worker leaves the job? The dispute began when a retired worker’s union status was treated as ended. The Union said this was wrong. The Supreme Court agreed with the Union’s stand: a worker’s right to associate does not end only because employment ends.

Issues

Does an employee lose the right to stay a member of a trade union after retirement or cessation of employment?

Rules

Freedom of Association: Article 19(1)(c) protects the right to form and join trade unions.
Statutory Text: The Trade Unions Act, 1926 has no clause that forces membership to end on cessation of employment.
Union Constitution: Internal rules matter, but they must be read in line with constitutional freedoms and the Act.

Facts (Timeline)

Union & Company: Bokajan Cement Corporation Employees’ Union represented workers of Cement Corporation of India Ltd. (CCI).

Retirement: Member Mr. X retired from CCI and thus ceased to be an employee.

Dispute: CCI stated Mr. X’s union membership ended with his employment.

Challenge: The Union moved the Supreme Court, saying the decision violates Article 19(1)(c).

Company’s stand: Membership is for current employees; the Union’s constitution does not allow non-employees.

Timeline of events in Bokajan Cement case

Arguments

Union’s Side

Ending membership only due to retirement violates Article 19(1)(c).
The Trade Unions Act, 1926 does not mandate automatic cessation.
Movement work and solidarity may continue after service ends.

Company’s Side

Union membership is tied to employment status.
Union constitution limits membership to current employees.
Retirees and non-employees cannot vote or hold union roles.

Judgment

The Supreme Court held that a worker does not lose the right to continue as a trade union member merely because employment has ended. The right to association under Article 19(1)(c) is wider than the contract of service.

The Constitution protects continued association in a trade union.
The Trade Unions Act, 1926 has no automatic-cessation rule.
Union constitutions must be read to respect constitutional freedom and the statutory scheme.

Judgment visual: union membership after employment ends

Ratio Decidendi

Union membership is an expression of the fundamental freedom to associate. Employment status is not, by itself, a constitutional limit on that membership unless a valid law clearly says so.

Why It Matters

Protects retirees and separated workers who stay active in union work.
Clarifies that the Act does not compel automatic exit from unions.
Guides unions drafting constitutions and bylaws.

Key Takeaways

Point	Quick Note
Membership right	Does not end only because employment ends.
Statute	Trade Unions Act, 1926 has no automatic end rule.
Constitution	Article 19(1)(c) supports continued association.
Union rules	Must align with constitutional freedom.

Mnemonic + 3-Step Hook

Mnemonic: “STAY-IN” — Stay member; TU Act silent; Art. 19(1)(c); Years after job OK; Internal rules align; No automatic exit.

Ask: Is membership tied by law to employment?
Check: Union constitution vs constitutional freedom.
Result: If no statutory bar, membership can continue.

IRAC Outline

Issue: Does union membership end when employment ends?

Rule: Article 19(1)(c) protects association; the Trade Unions Act, 1926 has no automatic cessation clause.

Application: A retired worker’s membership was treated as ended. The Union said this violates constitutional freedom. The Court read the Act and the Constitution together and found no automatic end.

Conclusion: Membership can continue after cessation of employment.

Glossary

Cessation of Employment: When the service relationship ends (retirement, resignation, termination).
Freedom of Association: Constitutional right to form or join groups, including trade unions.
Union Constitution: The rulebook of a trade union that governs membership and governance.

FAQs

No. There is no automatic rule in the Trade Unions Act, 1926 that ends membership on retirement.

Union rules are important, but they must respect Article 19(1)(c) and the Act. The Court favored continuity unless a valid law clearly stops it.

They can guide active members, join campaigns, and support collective causes even after service ends.

Article 19(1)(c) — freedom to form associations and unions.

Case Meta

CASE_TITLE	Bokajan Cement Corpn. Employees’ Union v. Cement Corpn. of India Ltd. (2004) 1 SCC 142
PRIMARY_KEYWORDS	trade union membership; cessation of employment; Article 19(1)(c); retirement
SECONDARY_KEYWORDS	Trade Unions Act 1926; union constitution; freedom of association; labour rights
PUBLISH_DATE	23 Oct 2025
AUTHOR_NAME	Gulzar Hashmi
LOCATION	India
Slug	bokajan-cement-corpn-employees-union-v-cement-corp-of-india-ltd-2004-1-scc-142