LEATHER AND LEATHER GOODS DEMOCRATIC LABOUR UNION Vs. FIRST ADDITIONAL REGISTRAR OF TRADE UNION I DEPUTY COMMISSIONER OF LABOUR MADRAS

JUDGEMENT

(1.) THE petitioner challenged an order by which the registration under the Trade Unions Act, 1926, has been cancelled for non-submission of annual return under S. 28 of the Trade Unions Act, 1926, and also under Regulation 18 of the regulations under the Trade Unions Act.

(2.) THE facts are not in dispute. THE annual return of the petitioner-union for the year 1990 should be filed before the Additional registrar of Trade Union for the year 1990 should be filed before the Additional registrar of Trade Unions on or before 30 April 1991 , and that the same was not received by the concerned officer. In view of that, a notice was issued by the Additional Registrar of trade Unions I, Madras . THE petitioner-union did not send any reply to the same. As the petitioner did not file the annual return in form "e" on or before 30 April 1991 , and also they have not responded to the show cause notice, dated 10 March 1991 , the registration of union has been cancelled by the impugned order. This order is challenged before this Court.

(3.) LEARNED Government Advocate reiterates the averments made in the instructions and contends that this is a case where there is a clear violation of S. 28 of the Trade Unions Act, 1926, and also the Regulation 18 of the regulations framed under the Act and as such the impugned order cannot be said to be contrary to law. LEARNED Government Advocate, on instructions, contends that if at all anybody is to be blamed it is only the petitioner-Union and that the impugned order cannot be said to be illegal.