BAJAJ AUTO LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed to challenge the decision given by the learned Single Judge of this Court in Writ Petition No.2596/2011 and also the order made by the second respondent, the Registrar appointed under the Trade Unions Act , 1926 on 13-12-2010. The application made by the present appellant, a company on 17-3-2007, for cancellation of the certificate of registration granted to respondent No.3, a Trade Union on 15-12-2003 under the provisions of the Trade Unions Act , 1926 (hereinafter referred to as "the Act") is rejected by the Registrar. The order of the Registrar is confirmed by the learned Single Judge of this Court. Both the sides are heard.

(2.) In the application made by the Trade Union, respondent No.3 for registration it was contended that the Trade Union was to work for the workers from all industries of Maharashtra. The application was signed by 8 persons, who included 4 office bearers. It was informed to the Registrar that as on the date of the application the Trade Union had 1525 members. The applicants on the application other than the office bearers were also members of the Trade Union. In Schedule "A" information was given that the members were the ex employees of the present appellant-company. In Schedule "B" it was informed that litigation was pending between the members and the appellant company.

(3.) The submissions made in the present proceeding and also which were made before the learned Single Judge and also the Registrar show that it was admitted for the Trade Union in the past before the Registrar and the learned Single Judge that the Trade Union was formed by the employees who were terminated by the appellant-company and it was working for those employees only.