MYSORE PAPER MILLS WORKERS ASSOCIATION BHADRAVATHI Vs. ASSISTANT LABOUR COMMISSIONER MANGALORE DIVISION

JUDGEMENT

(1.) Petitioner, a trade union having its registered office at No, 357, 3rd Cross, Suragithopu, Bhadravathi, Shimoga District, when registered under the Trade Unions Act, 1926, for short 'the Act', was issued with a certificate of registration on 18/1/1995, The respondent - Assistant Labour Commissioner, it is alleged, by order dt. 18/11/2005 cancelled the registration without intimation. Petitioner having come to know of the cancellation on 24/5/2006, preferred M.A.No. 13/2006 before the District & Sessions Judge, Shimoga, invoking Sec. 11 of the Act r/w Regulation 12 of the Karnataka Trade Union Regulations, 1958, for short 'the Regulations'. Petitioner having noticed that the appeal was filed before a wrong forum, did not press the appeal which was accordingly rejected on 30/9/2006. Thereafterwards petitioner filed Misc. Appeal No. 7/2006 before the Labour Court at Mangalore invoking Sec. 11(1)(aa) of the 'Act', along with an application to condone the delay in preferring the appeal by arraigning the Deputy Registrar of Trade union and the Assistant Labour Commissioner. The appeal was resisted by filing a counter, contending that the notice in Form No. D. issued to the petitioner on 30/5/2005 through RPAD when not responded, led to the order, cancelling the registration, which was communicated. The petitioner examined one witness in support of the plea to condone the delay while none were examined for the respondent. The Labour Court, on the basis of the materials and pleading, held that the appeal, when not filed within 60 days from the date of the order, the period prescribed under the Regulations, and the petitioner having not obtained an order of the District & Sessions Judge granting liberty to file an appeal before the jurisdictional court, held that the appeal was barred by time and accordingly by order dt. 24/6/2010, dismissed the appeal. Hence this petition.

(2.) Sec. 11 of the Trade Unions Act, 1926, reads thus:

(3.) Regulation 12 of the Karnataka Trade Union Regulations, 1958, reads thus: