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1993 DIGILAW 228 (BOM)

Tata Electric Companies Officer Guild v. Registrar of Trade Unions

1993-05-02

S.M.JHUNJHUNUWALA, V.A.MOHTA

body1993
JUDGMENT - V.A. MOHTA, J. :---Rule, returnable forthwith. Heard. 2. The petitioner is a trade union duly registered under the Trade Unions Act, 1926. The respondent, the Registrar of Trade Unions, issued a notice dated 14th May, 1982 under section 10(b) of the Act calling upon the petitioner to show cause as to why the registration of the petitioner Union should not be cancelled as the petitioner had failed to submit annual returns as per law. The petitioner gave a reply stating that due to misunderstanding about the accounting year, the annual returns for the period ending 31st March, 1991 were filed and not the period ending 31st December, 1991 along with the certificate of auditor. This explanation was followed by communication dated 26th June, 1992 along with annual returns ending 31st December 1991. After long gap of six months, the Registrar passed the impugned order of cancellation of registration on the sole ground that the explanation given by the Trade Union was not satisfactory. Aggrieved thereby, this petition has been filed. 3. Now, section 10 provides for the ground on which registration can be cancelled or withdrawn. One of them, is wilful contravention of provisions of the Act, that too after notice from the Registrar. Initial mistake to submit annual returns for the wrong accounting year was corrected as soon as it was brought to the notice of the petitioner. Impugned order has been passed long after the mistake was corrected. In the background, it cannot be said that the contravention was wilful and after notice. 4. The scheme of section 10 is that for cancelling the registration of a Trade Union for contravention of any provision of the Act, the contravention must be wilful and after notice from the Registrar and two months previous notice specifying the ground of proposed cancellation must have been issued. It does not appear that these requirements of the provisions have been complied with before passing the impugned order. In this context, useful reference may be made to the case of (Mysore Iron and Steel Works, Labourers' Association v. Commissioner of Labour and Registrar of Trade Unions, Bangalore)1, 1972 Labour and Industrial Cases 799, wherein a similar view of section 10 has been taken. 5. Having regard to the whole background, the impugned order cannot be legally justified at all. 5. Having regard to the whole background, the impugned order cannot be legally justified at all. The only vague reason given in the order is that the explanation for filing incorrect annual returns earlier was not satisfactory without giving indications as to how and why. 6. In the result, the petition is allowed. The impugned order is quashed and set aside. Rule made absolute in the above terms. No order as to costs. Petition allowed. *****