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1990 DIGILAW 407 (KAR)

REGISTRAR AND ASST. LABOUR COMMISSIONER, BELGAUM DIVISION v. FACTORY WORKERS UNION, UGAR KHURD

1990-08-08

M.P.CHANDRAKANTARAJ, M.RAMAKRISHNA RAO

body1990
CHANDRAKANTARAJ URS. J. ( 1 ) FROM the perusal of the records it is seen that the appellant had filed Civil revision Petition against the order passed by the II Additional District Judge, belgaum, in Miscellaneous Appeal No. 3/85, in exercise of his power under subsection (1) of Section 11 of the Indian trade Unions Act, 1926 (in short the 'act' ). Office has returned the papers and it was refiled with a memo seeking permission to convert the Revision Petition into a miscellaneous First Appeal in this Court. The learned Judge of this Court has permitted the conversion of the Revision Petition into Miacellaneous First Appeal on 26-6- 1990 as we see from the order sheet, with that the question of condonation of delay in refiling would not have arisen. But on a scrutiny of the provisions of the Act we find that neither a C. R. P. nor an appeal could have been preferred by the appellant before this court for the reasons which we are giving below. ( 2 ) SECTION 11 of the Act reads asfollows:"11. (1) Any person aggrieved by any refusal of the Registrar to register a trade Union or by the withdrawal or cancellation of a certificate of registration may, within such period as may be prescribed, appeal a. Where the head office of the trade Union is situated within the limits of a Presidency Town, to the High Court, or b. Where the head office is situated in any other area, to such Court, not inferior to the Court of an additional or assistant Judge of a principal Civil court of original jurisdiction, as the (appropriate Government) may appoint in this behalf for that area. (2) The appellate Court may dismiss the appeal, or pass an order directing the registrar to register the Union and to issue a certificate of registration under the provisions of section 9 or setting aside the order for withdrawal or cancellation of the certificate, as the case may be, and the registrar shall comply with such order. (2) The appellate Court may dismiss the appeal, or pass an order directing the registrar to register the Union and to issue a certificate of registration under the provisions of section 9 or setting aside the order for withdrawal or cancellation of the certificate, as the case may be, and the registrar shall comply with such order. (3) For the purpose of an appeal under sub-section (1) an appellate Court shall, so far as may be, follow the same procedure and have the same powers as it follows and has when trying a suit under the Code of Civil Procedure, 1908, and may direct by whom the whole or any part of the costs of the appeal shall be paid, and such costs shall be recovered as if they had been awarded in a suit under the said Code. (4) In the event of the dismissal of an appeal by any Court appointed under caluse (b) of sub-section (1), the person aggrieved shall have a right of appeal to the High Court, and the High Court shall, for the purpose of such appeal, have all the powers of an appellate Court under sub-sections (2) and (3), and the provisions of those sub-sections shall apply accordingly. " ( 3 ) IT is obvious from the reading ofsub-section (1) of Section 11 of the Act that the right of appeal is conferred on the aggrieved person viz. , person acting for a Trade Union when there is failure to register the Trade Union or withdrawal of such registration or cancellation of such registration two forums are provided for presenting the appeal depending on the situation of the Head Office of the Trade union. In the instant case undoubtedly the Trade Union had its Head Office at belgaum and therefore the appeal in terms of clause- (b) of sub-section (1) of Section-11 of the Act could only be in the principal Civil Court, which in Karnataka is the Direct Court of the District Court of the District in terms of the definition of that expression in the Karnataka Civil courts Act. Such an appeal was filed is not in doubt because the order passed in that appeal has been questioned in this appeal. Such an appeal was filed is not in doubt because the order passed in that appeal has been questioned in this appeal. ( 4 ) A reading of sub-section (4) ofsection-11 of the Act makes it abundantly clear that it is only when appeal filed under sub-section (1) of Section-11 comes to be dismissed for whatever reason second appeal lies to this Court from the principal Civil Court of the District. The appellant-Registrar and Assistant Labour commissioner never presented appeal any where, the dismissal of which has given him a cause of action to present a second appeal. It is not the appellant who has filed appeal before the District Court. Therefore, ha has no locus standl under sub-section (4) of Section 11 of the Act. ( 5 ) WE therefore dismiss the appealas not maintainable though the office has not raised the question of maintainability. In that view of the matter condoning any delay does not arise. ( 6 ) BEFORE passing this order we haveheard the learned High Court Government pieader. Appeal Dismissed. --- *** --- .