Bombay High Court
Shri Gajanan Maharaj Sansthan, ... vs State Of Maharashtra, Dept. Of ... on 14 December, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 4248 OF 2013
Shri Gajanan Maharaj Sansthan,
Shegaon, through its Managing Truste,
At/PO : Shegaon, Tahsil-Shegaon,
District - Buldhana. ....... PETITIONER
...VERSUS...
1] State of Maharashtra,
Department of Industry, Energy & Labour,
through its Principal Secretary,
Mantralaya, Mumbai-32.
2] Assistant Registrar of Trade Union,
C/o. Additional Labour Commissioner Office,
240, Bhonsala Chambers, Civil Lines,
Nagpur.
3] Shri Gajanan Karmachari Sangh,
Through its Secretaryh, having Registration No.
NGP/2456, At/PO : Buldhana,
Tah. Buldhana, Distt. Buldhana....... RESPONDENTS
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Shri A.R.Patil, Advocate for petitioner
Shri V.P.Gangane, AGP for Respondent Nos. 1 and 2
None for repsondent No.3
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CORAM: R. K. DESHPANDE AND
M.G.GIRATKAR, JJ.
th
Date : 14 DECEMBER, 2017 .
JUDGMENT (P.C.)
The application filed by the petitioner under
Section 10 of the Trade Unions Act, 1926, for cancellation of
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the registration of trade union operating in the establishment
of the petitioner was rejected by the order dated 30.04.2013,
which is the subject matter of challenge in this petition.
2] The Respondent No. 2 - Deputy Registrar of
Trade Union held that there are 43 employees working in the
establishment of the petitioner and therefore, the prayer for
rejection of registration cannot be granted.
3] Under Section 9-A of the Trade Unions Act,
1926, to which our attention is invited by Shri Patil speaks
about the minimum requirement about membership of a
Trade Union and it states that a registered Trade Union of
workman shall at all times continue to have not less than ten
per cent, or one hundred of the workmen, 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. Thus, it is apparent that the workmen referred to
in this provision are those engaged or employed in an
establishment or industry with which it is connected as the
members of the union.
4] In view of the aforesaid position of law, the
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respondent No. 2 was required to find out as to whether 43
employees to which the reference is made in the order
impugned remained to be the employees of the petitioner
establishment or have ceased either on account of their
resignation / termination / retirement etc., so as to know
whether the provision of Section 9-A of the Trade Unions Act
is attracted or not. Shri Patil, the learned counsel appearing
for the petitioner also invited our attention to various
documents placed on record to show that not even 7
workmen in the establishment of the petitioner are the
members of the union and as such the Trade Union has
ceased to exist in terms of clause (b) of Section 10 of the
Trade Unions Act. It is not necessary for us to go into all
these aspects of the matter, which can be left open to be
decided by the competent authority.
5] In view of above, the order dated 30.04.2013
passed by the Respondent No. 2 Deputy Registrar of Trade
Union is hereby quashed and set aside. The matter is
remanded back to the Respondent No.2. The petitioner to
appear before the Registrar on 15.01.2018. The Registrar to
make an enquiry into the matter in the light of what we have
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observed as a position of law and thereafter to take a
decision after taking into consideration the material to be
placed on record by the petitioner and granting hearing, in
accordance with law.
Rule is made absolute in above terms. No order as to
costs.
JUDGE JUDGE
Rvjalit
