FEROLITE HIGHLIGHT Vs. REGISTRAR TRADE UNION

JUDGEMENT

(1.) It transpires that election of the Trade Union was conducted and upon the declaration of the result, the Union filed a list of office bearers before the Registrar of the Trade Unions, under Section 8 of the Trade Unions Act, 1926. The Registrar, upon being satisfied that the various requirements of the Acts were duly complied with, accepted the application of the Union and registered the particulars of the Trade Union.

(2.) It transpires that 65 workers filed their separate affidavits before the Registrar claiming that the election conducted by the Union was a fraud and that the registration of the names of the office bearers of the Trade Union was liable to be set aside. Upon receipt of the said affidavits, the Registrar directed an investigation into the matter and, upon inquiry, the Registrar found that a majority of the compliant filed through various affidavits were true. The Registrar, Trade Union, by an order dated 8.12.2010 held that since a fraud was played upon the authority, the registration given under Section 10 of the Act stood cancelled. The petitioner Union being aggrieved by the said order has filed the present writ petition.

(3.) Sri Sudhansu Narain, the learned counsel for the petitioner contended that the Registrar, Trade Union, had only passed an administrative order while registering the names of the office bearers under Section 8 of the Act and consequently, had no power to recall its order. In support of his submission, the learned counsel for the petitioner has relied upon a decision of the Division Bench of this Court in Roadways Mazdoor Sabha, U.P. and another vs. State of U.P. and others,2010 127 FLR 221.