R G DSOUZA Vs. POONA EMPLOYEES UNION

JUDGEMENT

(1.) Perused Petition. Rule, returnable forthwith. Heard finally by consent, of parties.

(2.) The petitioner has challenged the Order dated 11th April, 2008, passed by the Industrial Court, Pune by which it set aside the order of the Additional Registrar cancelling the Registration Certificate of the respondent No. 1 - the Trade Union.

(3.) Factual Matrix: Petitioner was the Unit President of the respondent No. 1 Trade Union when the application for the Registration Certificate of respondent No. 1 Union was made. However, the petitioner, due to internal clashes, was expelled from the respondent No. 1 Union. There were some disputes between the respondent No. 1 and one other Union namely Bhartiya Kamgar Sena (BKS) pending before the Industrial Court. The petitioner being the active member in the labour movement and interested party, filed an application under section 10 of the Trade Unions Act, 1926 (Amended Act-2001) before the second respondent i.e. the Additional Registrar, Trade Union seeking cancellation of the registration of the respondent No. 1 - Union on the ground that the same was obtained by fraud, mistake or misrepresentation. By Order dated 12th February, 2008, the said matter was decided in favour of the petitioner by the Additional Registrar of Trade Union and it was held that the registration of the respondent No. 1 - Union itself is illegal.