IMPORTANT JUDGMENT

Manawatu Standard, Volume LVII, Issue 207, 2 August 1937, Page 8

IMPORTANT JUDGMENT

OTAGO CLERICAL WORKERS. APPEAL COURT’S DECISION. Per Press Association. WELLINGTON, Aug. 2. A judgment of extreme importance to clerical workers throughout the Dominion was issued by tlio Appeal Court to-day, when the Court decided to issue a writ of certiorari quashing the award- of the Otago Clerical Workers’ Industrial Union. The case, which was that of the Otago and Southland Stock and Station Agents’ Clerical Employees’ Union versus the Judge and members of the Arbitration Court, the Otago Clerical Workers’ Union and the Registrar of Industrial Unions, came before the Court for consideration on June 28.

In his judgment, the Chief Justice (Sir kjichael Myers) stated that the fundamental question was one of the statutory interpretation, the issue depending on the meaning of the word “industry” as used in the Industrial Conciliation and Arbitration Act. It was concluded that “industry” did not include tho workers’ vocation but was referable to the industry of the employer in which the workers were engaged.

On the question whether the award had been rightly made on the application of tho defendant union, the Chief Justice held that, as there is no “industry” to which it could relato, there could be no award, and the puiported award must be quashed. His Honour thought that a writ of mandamus would lie against tho Registrar of Industrial Unions to direct him to register the plaintiff union’s application for registration, but, as the other members considered it tho duty of tho registrar to consider an application before registration was granted, he would not differ from them on that point. Mr Justice Ostler and Mr Justice Kennedy, in separate judgments, came to the same conclusion on the main questions, while a different view on the main question as to the meaniug of the word “industry” was taken by Mr Justice Gallon, who held that the term included and covered the calling or employment of the workers.

The judgment of the Court is that the case bo referred back to the Supreme Court ( inhere a writ of certiorari will, be issued to quash the defendant union’s award and a writ of mandamus to the registrar to consider the plaintiff union’s application for registration as an industrial union and, unless found not to be in compliance with the Act, it is to be so. registered. Coditional leave to appeal to the Privy Council was granted.