MAHENDRA CIE SHRAMIK SANGTHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner no. 1 is the registered Trade Union of the workers in the factory of which at the relevant time petitioner no. 2 was the President and was an office bearer of the Union. His name was sent by the Union in the list of protected workers in the year 2016-17 well in time and thereafter under the provisions of Rule 29 of the U.P. Industrial Disputes Rules, 1957 read with the U.P. Industrial Disputes Act, 1947 (from hereinafter referred to as the "Act"?), the petitioner no.2 was declared as a "protected workman"?. Rule 29 of the U.P. Industrial Disputes Rules, 1957 reads as follows:-

(2.) Under sub-rule (1) of Rule 29, the Union has to send a list of protected workers in Form XII to the Registrar Trade Unions (in the present case, the Registrar Trade Unions of Uttarakhand) before 1st day of September every year. For the year i.e. 2017-18, the Union had again sent a list of five protected workers, which is as follows:-

(3.) The said list was received by the Registrar Trade Unions on 30.08.2017. Under sub-rule (2) and (3) of Rule 29 it was the duty cast upon the Registrar to have passed appropriate orders and communicate the same to the Union and the names ought to have been entered in the register in Form XII which is maintained in the office of the Registrar Trade Unions, Uttarakhand. Under sub-rule (4) of Rule 29 the recognition so granted shall remain in force till 31st day of October of the year following that in which the order giving such recognition is made and then the vacancy in case it arises has to be filled in as per the provisions given in sub-rule (5) of Rule 29.