DEBABRATA DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present application has been filed, inter alia, challenging withdrawal/cancellation of the Certificate of Registration issued by the respondent no.2, in Form F.

(2.) The petitioner no.2 claims to be a duly registered trade union, under the Trade Unions Act, 1926 (hereinafter referred to as the said Act). A Certificate of Registration of the trade union, appearing at page 13 of the writ application, appears to have been issued by the respondent no.2. The petitioner no.2, to espouse the cause of the workmen employed with the respondent no.3, is presently party to several proceedings, inter alia, including proceedings pending before this Hon'ble Court.

(3.) It is the case of the petitioners that sometimes in the middle of September, 2022, the petitioner no.2 was served with a notice in Form E, issued under Regulation 8 of the Bengal Trade Unions Regulations, 1927 (hereinafter referred to as the said Regulation), notifying the intention of the respondent no.2 to proceed on 12/10/2022, as regards the withdrawal or cancellation of Certificate of Registration of the petitioners' trade union, on the ground of non-submission of annual returns for more than three years and for non-compliance with Sec. 9A of the said Act, as amended. It is also the petitioners' case that the petitioners had since, met with the respondent no.2 and had thereafter served on the said respondent the annual returns, for the years 2013 to 2021. Such returns were forwarded in Form H as is required to be submitted as per the provisions of Sec. 28 of the said Act, read with Regulation 18 of the said Regulation. In support of the aforesaid contention, Form H along with Postal receipt has been annexed with the writ application.