ENGINEERING MAZDOOR SABHA Vs. REGISTRAR OF TRADE UNIONS

JUDGEMENT

(1.) BY this writ petition, the petitioner, a registered trade union, seeks directions requiring respondent No. 1, the Registrar of Trade Unions, to register certain amendments in the Rules of the union, sanctioned and passed in the General Council meeting dated January 17, 1976.

(2.) THE facts that require to be remembered for the purpose of understanding the main prayer in the writ petition are these. The petitioner is Engineering Mazdoor Sabha, a trade union registered under the Trade Unions Act, 1926 sometime in the year 1947. It represents the employees in the entire engineering industry in -Greater Bombay. It has a constitution and Rules which are produced at Annexure 'A' to the petition. As per those Rules the trade union was functioning; all along and was submitting regularly all the annual returns etc. to the Registrar of Trade Unions under Section 28 of the Trade Unions Act, 1926.

(3.) AS required by the provisions of the Trade Unions Act, 1926 the amendments are to be notified to the Registrar within fifteen days from the date of the meeting of the General Council which adopted the amendments. That was done in this case by the secretary's letter dated May 10, 1975. It appears that after being satisfied as required by the provisions of Section 28 of the Trade Unions Act or in fact not having any reason to doubt that the Rules of the union are not observed or the amendments are contrary to the provisions of the Act, the Registrar, respondent No. 1, registered the amendments on July 28, 1975. A communication informing the union of the same was sent by him on July 31, 1975.