CiteTEXT
...registration is enquiry report and views received from the Judical Department, Government of Assam, on the complaint of respondent No. 4 on the basis of which Registrar of Trade Unions-cum-Labour ...Trade Unions' Act, 1926 is provided under Section 10 thereof. Section 10 reads as under:—“10. Cancellation of ...specific grounds, petitioners are handicapped in submitting their reply.10. Cancellation of registration of a trade union is a drastic measure. If ...
...Section 6 of the Act of 1926. A certificate of registration came to be issued in favour of the Petitioner by the Registrar of Trade Union under Section 9 of the...10 of the Act of 1926, in order to canvass that it is within the domain of the Registrar to cancel the certificate of registration, if on enquiry, it is found that the certificate of ...proceeding expeditiously. Pursuant thereto, Registrar passed order dated 1/9/2017, cancelling registration of the Petitioner herein, as a registered Trade Union. The Petitioner being aggrieved by the...
...cancellation of registration of a trade union, on an application made by any party for cancellation under Section 10 of the Act; all that is prescribed is for a...envisage or prescribe issuance of a second notice, after conclusion of the enquiry, before cancellation of registration of the Trade Union; and the provisions ..., whichever is less, subject to a minimum of seven, engaged or employed in an establishment or industry with which it is connected, as its members. Section 10 of the Act relates to cancellation of ...
..., for the Registrar to cause an enquiry before cancellation of registration of a trade union, on an application made by any party for cancellation under Section 10 of th...advance notice being given specifying the grounds on which he intended to cancel registration; the provisions of the Act do not envisage or prescribe issuance of a second notice, after conclusion of the en...with which it is connected, as its members. Section 10 of the Act relates to cancellation of registration and, thereunder, a certificate of registration of a ...
.... 6. Section 10 of the Act reads as under :- "Section 10. Cancellation of registration. -A certificate of registration of ...on the application of the Trade Union." (emphasis mine) 7. It would be evident from reading the aforesaid provision that the Registrar under the Act is empowered to withdraw or cance...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...
...whether cancellation of registration is a bar for granting registration. Secondly, whether the State authorities have power to register the trade unions, of which operation extends all ov..., which reads as follows;10. Cancellation of registration.- A certificate of registration of a Trade Union may...after cancellation. The ground referred as above only indicates that registration can be cancelled on an application filed by the trade union or if there was a fraud in obtaining registration or i...
...the claim of the appellant, it is useful to refer S. 10 of the Act, which reads as follows:“10. Cancellation of Registration.— A certificate of registration ...notice in writing and also state the grounds of cancellation/withdrawal of the certificate of registration to the trade union. According to the appellant both of the conditions p...is withdrawn or cancelled otherwise than on the application of the trade union.”5. It is clear from the above provision that the certificate of registration of a ...
..., before cancelling the registration, a second notice has to be given. But, the 1st respondent, without giving a second notice, cancelled the registration of the petitioner. Therefore, the impugned order p...propositions relied on by the learned Counsel for the petitioner postulates that though the Registrar has got the power to cancel theregistration of a Trade Union for wilful contravention of any provision ...the Trade Union, another notice has to be issued proposing to impose the punishment of cancellation of registration against the Trade Union. As seen from the facts and circumstan...
...Unions Act, 1926 reads as under:-“10. Cancellation of registration.- A certificate of registration of a Trade Union may be withdrawn or cance...registration of Trade Union only in the circumstances mentioned in Section 10 of the Trade Union Act, 1926. He submits that neither any circumstances attracting.... Perusal of Section 10 shows that certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar on the application of the Trade ...
...to register a trade union is an order, which is appealable in terms of Section 11 of the Trade Union Act, 1926 (hereinafter referred to as ‘the Act’).3. Section 11 ...of Trade Union Labour Resources Department, Bihar, Patna, whereby the application of the petitioner for registration of trade union has been refused.2. The refu...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...
...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 app...shall be given by the Registrar to the Trade Union before the certificate is withdrawn or cancelled otherwise than on the application of the Trade Union.”5. Section 11 of the ...giving due notice to the patties, 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 under sec...
...said order refusing to register the trade union is
clearly appealable under Section 11 (1) of the Trade Unions
Act, 1926 that provides as under:
11 Appeal. —
"(1) Any person aggrieved by any refusal...the head office of the Trade Union is situated within the limits of
a Presidency town to the High Court, or
[(aa) where the head office is situated in an area, falling within the
jurisdiction...
Court No. - 40
Case :- WRIT - C No. - 60879 of 2016
Petitioner :- L G Electronics Employees Union
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Bushra...
...follows.“10. Cancellation of Registration:— A certificate of registration of Trade Union may be withdrawn or cancelled by the Registrar—(...any provision of the Act or any Rule. Unless the intentional violation of the Rule or Act is established, the Registrar cannot cancel the registration of a trade union. As pointed out ear...T.K Chandrashekhara Das, J.:— The petitioner is a trade union registered under the provisions of the Trade Unions Act, 1926 (Act No. XVI of 1926), hereinafter called ‘the Act’. Under...
...:“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 ...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 ...prescribed, appeal—a. Where the head office of the Trade Union is situated within the limits of a Presidency Town, to the High Court, orb. Where the head office is...
...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 thirty days f...-recognised and cancelled the registration of the Trade Union of the appellant. The said order of registration dated 23-3-1989 was assailed by appellant-Union by filing first app...1. This appeal has been filed by Rastriya Soot Mill Mazdoor Sangh (hereinafter referred to as “Union”) under section 11(4) of the Trade Unions Act, 1926 (in short “Act”) against the order...
...July, 1983 viz., before passing of the final order for cancellation of registration had submitted the return and the same was acknowledged by the office of the Commissioner of Labour, Bombay....withdrawn or cancelled by the Registrar—(a) on the application of the Trade Union to be verified in such manner as may be prescribed, or(b) if the Registrar...sub-section (b) of Section 10 of the Trade Unions Act, 1926, has cancelled the registration of appellant union on...
..., 1926, by submitting the necessary annual returns”. The only question that I have to consider in this petition is whether the Registrar had the power to withdraw the cancellation of the registration.2. Mu...by the Registrar to the trade union. Any person aggrieved by the refusal of the Registrar to register a trade union or by the withdrawal or cancellation of a certificate...Section 11, appeal. Where the head office of the trade union is situated within the limits of a Presidency town the appeal lies to the High Court. The appellate court may dismiss the appeal, or it may pass...
...justice. Moreover, the cancellation of registration will result in civil consequences.
6. At this juncture, it is useful to extract below ...Trade Unions Act, 1926 in the name of Tamil Nadu Press and Media Reporters Union and a Certificate of ...Registrar- (a) on the application of the Trade Union to be verified in such manner as may be prescribed; or (b) if the Registrar is satisfied that the certificate has been obtained by fraud or mistake...
...principles of natural justice. Moreover, the cancellation of registration will result in civil consequences.6. At this juncture, it is useful to extract below Section 10 of the ...Trade Unions Act, 1926 in the name of “Tamil Nadu Press and Media Reporters Union” and a Certificate of ...Section 18 of the Trade Unions Act. However, the impugned order of cancellation of registration has been passed o...
....
2. This is a petition by an employer challenging the order of rejecting the application for cancellation of registration of Trade Union under Se..., Shri A. D. Mohgaonkar, learned Advocate for respondent no. 2, states that for cancellation of registration of the Trade Union, there is to be either fraud or mistake or Trade ...to respondent no. 2-Union. The petitioner, on 26.08.1999, objected to the union's registration and filed an application for the said cancellation. By order dated 26.08.1999, the registration of...