APPEAL COURT

Timaru Herald, Volume CXLIII, Issue 20768, 1 July 1937, Page 5

APPEAL COURT

REGISTRATION OF UNION QUESTIONED By Telegraph—Press Association WELLINGTON, June 30 When the third day of the Appeal Court hearing of the dispute regarding the Clerical Workers' Union opened this morning, Mr F. H. O’Leary continued the discussion on the crucial question whether the Registrar o' Industrial Unions had been justified in tj,e defendant Union. , A-ito. tili* ft? definition of the word "industry' 1 in th* Act. The occupation of clerk was BttiAgl# MtoeHtoed by ttyirig that be wm employed in the calling or employment Of a olerk. just as a driver working for a butcher, carrier or baker would have his occupation correctly described as being employed in the calling or employment of driver. Part of the section of the Act containing the words “any business, trade, manufacture or undertaking." contended Mr O'Leary, may be regarded as specially applicable to an Industry from the employers' point of view, that is they describe the particular branch of industry in which the employer uses the labour of others. Mr I. B. Stevenson, for the defendant union, submitted that the decision of the Registrar of Industrial Unions to register the defendant union and his issue of a certificate of registration could not be assailed in any proceedings which are directed to the question of the status of an industrial union registered by him with the capacity, rights and obligations attaching to such a corporate body. The determination by the registrar that the defendant union’s application was made in respect of an industry was arrived at in the course of an inquiry upon which it was proper for him to embark. If. after embarking, he misdirected himself on a point of law or fact, that decision cannot be reviewed by certiorari or other proceedings.

The Solicitor-General also submitted argument defending the registrar’s action. The case will be continued tomorrow.