JUDGMENT : Sudhanshu Dhulia, J. The petitioner is a registered Trade Union of working journalists in the State of Uttarakhand in the name of “Uttarakhand Shramjivi Patrakar Union”. The petitioner is aggrieved that after the registration of the petitioner-Union as a Trade Union another Trade Union has been registered by the Registrar in Uttarakhand in the name of “Shramjivi Patrakar Union Uttarakhand”. Two name resembles each other and, therefore, the petitioner moved an application before the Registrar Trade Union u/s 7 of the Trade Unions Act, 1926 (hereinafter referred to as “the Act”) for cancellation of the Trade Union i.e. “Shramjivi Patrakar Union Uttarakhand”. The Registrar Trade Union though vide its order dated 10.12.2008 has rejected the application of the petitioner on the grounds that since the Trade Union has already been registered the only remedy to the petitioner is to file an appeal u/s 11 of the Act before the appropriate authority. Heard Mr. Arvind Vashsith, learned Counsel for the petitioner and Mr. Paresh Tripathi, Additional Chief Standing Counsel for the State. In spite of notice sent to respondent No. 4 by registered post, nobody has put in appearance on behalf of respondent No. 4. 2. Section 7 of the Trade Unions Act, 1926 reads as under:-- Section 7--Power to call for further particulars and to require alterations of names-- (1) The Registrar may call for further information for the purpose of satisfying himself that any application complies with the provisions of section 5, or that the Trade Union is entitled to registration u/s 6, and may refuse to register the Trade Union until such information is supplied. (2) If the name under which a Trade Union is proposed to be registered is identical with that by which any other existing Trade Union has been registered or, in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive the public or the members of either Trade Union, the Registrar shall require the persons applying for registration to alter the name of the Trade Union stated in the application, and shall refuse to register the Union until such alteration has been made. 3. 3. Section 10 of the Trade Unions Act, 1926 reads as under:-- Section 10-Cancellation of registration -- A certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar:-- (a) on the application of the Trade Union to be verified in such manner as may be prescribed; (b) if the Registrar is satisfied that the certificate has been obtained by fraud or mistake or that the Trade Union has ceased to exist or has willfully and after notice from the Registrar contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with any such provision or has rescinded any rule providing for any matter provision for which is required by section 6: Provided that not less than two month's previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate shall be given by the Registrar to the Trade Union before the certificate is withdrawn or cancelled otherwise man on the application of the Trade Union. 4. Section 11 of the Trade Unions Act, 1926 reads as under:-- Section 11 Appeal: (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 (5 of 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 clause (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.] 5. The above provisions of the Act which are absolutely clear which is that if a Trade Union is aggrieved with another Trade Union, which has been registered in a name which is similar to its name and which may create confusion, it has a remedy to move an application before the Registrar Trade Union, who shall dispose of such application u/s 7(2). The powers of the Registrar Trade Union further vested u/s 10 of the Act which has already been referred above in which after giving due notice to the parties, if he can cancel the registration of a Trade Union if such a registration has been obtained inter alia by mistake. Only when an order is passed u/s 10 of the Act either withdrawal or cancellation of a certificate of registration by the Registrar, any person aggrieved by the said refusal may file an appeal not before the Registrar. Therefore, the Registrar is totally misconceived in rejecting the application of the petitioner by passing a telegraphic order stating that he has no power to review the order and the only remedy to file an appeal. Therefore, the Registrar is totally misconceived in rejecting the application of the petitioner by passing a telegraphic order stating that he has no power to review the order and the only remedy to file an appeal. The order is totally misconceived and is hereby set aside. 6. In view of the above, the Registrar Trade Union/respondent No. 1 is hereby directed to dispose of the application of the petitioner as expeditiously as possible after giving due notice and hearing to the parties concerned, in accordance with law. With the aforesaid observation, the writ petition is disposed of. No order as to costs.