AWARD QUASHED

Waikato Times, Volume 121, Issue 20261, 2 August 1937, Page 8

AWARD QUASHED

CLERICAL WORKERS IMPORTANT JUDGMENT. NOT AN “INDUBTRY.” ORDER TO THE REGISTRAR. (By Telegraph.—Press Association.) WELLINGTON, Monday. A Judgment of extreme Importance to clerical workers throughout the Dominion waa Issued by the 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 Michael Myers, stated that the fundamental question was one of statutory interpretation, the issue depending on the meaning of the world “industry” as used: in the Industrial Conciliation and Arbitration Act. It was concluded that “industry” did not include a worker’s 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 defendant union Sir Michael Myers held that as there is no “Industry” to which It could relate there could be no award and the purported award must be quashed. His Honour thought that a writ of mandamus would lie against the Registrar of Industrial Unions to direct him to register the plaintiff union’s application for registration but aa other members considered it the duty of the registrar to consider the* application before registration was granted he would not differ from them on this point. Leave to Appeal Granted. Mr Justice Ostler and Mr Justice Kennedy, in separate judgments, came to the same conclusion on the main question, while a different view on the main question as to the meaning of the word “industry” was taken by Mr. Justice Callan, who held that the term included and covered the calling or employment of workers. The judgment of the court. Is that the case is referred back to the Supreme Court where 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 it is found not to be in compilance with the Act it is to be so registered.

Conditional leave to appeal to the Privy Council was granted.