UTTARAKHAND SHRAMJIVI PATRAKAR Vs. LABOUR COMMISSIONER

JUDGEMENT

(1.) The petitioner is a registered Trade Union of working journalists in the State of Uttarakhand in the name of "Uttarakhand Shramjivi Patrakar Union". The petitioner is aggrieved that after the registration of the petitioner-Union as a Trade Union another Trade Union has been registered by the Registrar in Uttarakhand in the name of "Shramjivi Patrakar Union Uttarakhand". Two name resembles each other and, therefore, the petitioner moved an application before the Registrar Trade Union under section 7 of the Trade Unions Act, 1926 (hereinafter referred to as "the Act") for cancellation of the Trade Union i.e. "Shramjivi Patrakar Union Uttarakhand". The Registrar Trade Union though vide its order dated 10.12.2008 has rejected the application of the petitioner on the grounds that since the Trade Union has already been registered the only remedy to the petitioner is to file an appeal under section 11 of the Act before the appropriate authority.

(2.) Section 7 of the Trade Unions Act, 1926 reads as under:--

(3.) Section 10 of the Trade Unions Act, 1926 reads as under:--