TIRUMALA TIRUPATI DEVASTHANAM Vs. COMMISSIONER OF LABOUR

JUDGEMENT

(1.) The facts in this appeal are that the employees working in Power and water Works Wings of the appellant-Devasthanam had applied for registration of their association under the Trade Unions Act, 1926 (hereinafter referred to as the "act") which application was allowed. However, the appellant- devasthanam thereafter made an application under Section 10 of the Act for cancellation of the registration of the said Union. The Registrar rejected the application. In appeal, the High court went into the question as to whether the two wings, viz. , the Water and Power Wings of the appellant-Devasthanam were an 'industry' and came to the conclusion that they were an 'industry', and therefore, held that the certificate granted to the Union was not liable to be cancelled. Aggrieved by the decision of the High court, the appellant has come in appeal before us.

(2.) We are unable to understand the ground on which the appellant applied to the Registrar of the Trade Unions for cancellation of its certificate ofregistration. No ground mentioned in Section 10 of the Act was available to the appellant for making such application. As tar as the ground mentioned in sub- section (a) of the said section is concerned, it is only the Trade Union which can approach the Registrar on the said ground for the cancellation of its certificate. As regards Ss. (b) of the section, there is nothing in the application which would show that any of the grounds mentioned therein exists.

(3.) Mr Subba Rao, learned counsel appearing for the appellants contended that since according to the appellant the Water and Power Wings of the appellant were not an industry, no union of the employees working in them could have been registered as a Trade Union under the Act. We do not find that the Act imposes any such condition for registration of a trade union. Section 2 (h) of the Act defines "trade union" as follows: