TRADE UNION ACT 1926

REGISTRATION OF TRADE UNION

Anshu Arora

IN THE HIGH COURT OF INDIA

(A.S.F.A. No. 9999/2003 dated April 7, 2003)

PRESENT Mr. Justice R.J. Kochar

Between

Bombay Fire Fighters Services Union

And

Registrar of Trade Unions, Bombay

Facts:
This was an appeal by a registered trade union challenging the respondents order canceling its registration for continued contravention of section 28 of trade union act,1926 read with regulation 17 of Bombay trade unions regulations, 1927

Procedure:
o The appellant is a trade union registered under the Trade Unions Act, 1926 and was also accorded the status of a recognized union by the Bombay Municipal Corporation. o An order of trade unions registrar was issued to the appellant union to cancel the registration of trade union.

o The reason for cancellation was continued contravention of section 28 of Trade Union Act, 1926 that annual general statements were not submitted by prescribed time for year ending Dec 31,1992. o No show cause notice was issued by the respondent before proceeding to cancel its registration.

o The show cause notice required to be issued by the respondent of cancellation of the registration was not sent to the changed address and, therefore, the appellant did not receive the same. o The law provides for a mandatory previous show cause notice of not less than two months.

o Section 10. Cancellation of Registration : A certificate of registration of Trade Union may be withdrawn or cancelled by the Registrar a) on the application of the Trade Union to be verified in such manner as may be prescribed, or b) if the Registrar is satisfied that the certificate has been obtained by fraud or mistake, or that the Trade Union has ceased to exist or has wilfully and after notice from the Registrar contravened any provisions of this Act or allowed any rule to continue in force which is inconsistent with any such provision, or has rescinded any rule providing for any matter provision for which is required by S. 6. o Provided that not less than two months previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate shall be given by the Registrar to the Trade Union before the certificate is withdrawn or cancelled otherwise than on the application of the Trade Union."

Judgment:
The impugned order of cancellation of the Registration is, therefore, in violation of the mandatory provisions of section 10 the Act. The Registrar has not addressed a previous notice in writing to the appellant union at its correct address which was already furnished by the appellant union and which is found in the file of the Registrar. The impugned order of cancellation of registration of the appellant Union is, therefore, illegal, improper and the same, therefore, same is hereby quashed.

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