Madras High Court
Eveready Nirvagathal ... vs The Joint Commissioner Of Labour ... on 10 March, 2022
C.M.A.No.3253 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2022
CORAM:
THE HONOURABLE Ms.JUSTICE P.T.ASHA
C.M.A.No.3253 of 2021
Eveready Nirvagathal Bathikapatta Thozhilalar Sangam,
Represented by its President,
No.9/17, Sivaprakasam Nagar,
V.C.H.S.School Opposite,
Tiruvottiyur
Presently at
New No.12/2, Old No.10/2,
Manappa Lane,
Korukkupet, Chennai-600 021. ... Appellant
Vs.
The Joint Commissioner of Labour (II),
Thenampet,
Chenni-600 006. … Respondent
PRAYER: This Appeal is filed under Section 11(1) of the Trade Union
Act, against the impugned order passed by the respondent / Joint
Commissioner – II, D.M.S.Compound, Thenampet, Chennai – 6, bearing
Ref.No.A/2/6165/2020 dated 02.08.2021 by which the Respondent herein
1/9
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C.M.A.No.3253 of 2021
has rejected the application submitted by the petitioner union for
registration of trade union under the Trade Union Act based on the letter of
the Deputy Commissioner of Labour (Conciliation II), Kurlagam, Chennai
dated 03.05.2021.
For Appellant : Mr.K.Sudalai Kannu
For Respondent : Mr.S.V.Subraja,
Government Advocate (C.S)
JUDGMENT
Aggrieved by the order passed by the respondent herein in
withdrawing the recognition granted by their trade union, the appellant is
before this Court by way of this appeal filed under Section 11(1)(a) of the
Trade Union Act, 1926.
2. The recognition granted to the petitioner union had been withdrawn
by the respondent by its order dated 03.05.2021.
3. The reasons for withdrawing the recognition has been stated as
follows:
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C.M.A.No.3253 of 2021
“Mfnt. VdJ kWtprhuizapd; mwpf;ifapd; Kothf g[jpjhf
bjhHpw;r';fk; bjhl';f vd;dhy; ghpe;Jiu bra;ag;gl;Ls;s ghpe;Jiuia
jpUk;gg; bgWtJld;. ,y;yhj bjhHpw;rhiyf;F bjhHpw;r';fk; Vw;gLj;JtJ
vd;gJ njitaw;wJ vd fUJtjhy; bjhHpyhsh;fspd; gzg;gyd;fs;
bgWtjw;fhfnt ,e;j bjhHpw;r';fk; bjhl';fg;gLtjhf bjhptpj;Js;sjhy;
,j;jhth bjhlh;ghf Vw;fdnt ,e;j bjhHpw;rhiyapd; bjhHpyhsUk;
bjhHpw;r';f mikf;fg;nghFk; r';fj;jpd; jiytUkhd jpU/jd;tPUy;yh
vd;gthpd; ePjpkd;wj;ij mdqfp epthuzk; bgw xg;g[jy; bgw;wijg;nghy
chpa ePjpkd;wj;ij mdqfp epthuzk; bgw;Wf;bfhs;s mwpt[Wj;jyhk;
vd;gij gzpt[ld; bjhptpj;Jf;bfhs;fpnwd;/”
4. The respondent has proceeded on the premise that since the
industry has closed down there cannot be a trade union for a non-
functioning industry.
5. Heard the leaned counsel for the appellant and the learned
Government Advocate (C.S).
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C.M.A.No.3253 of 2021
6. Section 10 (b) (c) of the Act stipulates the ground on which a
certificate of registration may be withdrawn or cancelled. Section 10 (b)(c)
of the said provision is herein below extracted:
''(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
wilfully 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;
(c)if the Registrar is satisfied
that a registered Trade Union of workmen
ceases to have the requisite number of
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C.M.A.No.3253 of 2021
members:''
7. Therefore a reading of the above provision indicates that the
certificate may be cancelled or withdrawn on the following circumstances:
a) Where the certificate has been obtained by fraud or mistake;
b) The Trade Union has ceased to exist;
c) The Union has wilfully 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;
d) The Union has rescinded any rule providing for any matter
governed under Section 6.
e) If the Registrar is satisfied that a registered Trade Union of
workmen ceases to have the requisite number of their
members.
8. Therefore, the act clearly stipulates the grounds on which
recognition can be cancelled or withdrawn.
9. In the instant case, the respondent has withdrawn the recognition
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C.M.A.No.3253 of 2021
already granted by him only on the ground that the Company has closed of.
This does not come within any of the contingency prescribed in Section
10(b) or (c) of the Act.
10. The Trade Union is the body through which the work force can
ventilate their grievance and therefore, extreme care has to be exercised
while taking such a drastic decision of withdrawing a recognition granted.
11. In the result, this Civil Miscellaneous Appeal is allowed and the
order of the respondent/ Joint Commissioner – II, D.M.S. Compound,
Thenampet, Chennai – 6, bearing Ref.No.A/2/6165/2020 dated 02.08.2021,
is set aside. The respondent is directed to issue order recognising the Union
within a period of two weeks from the date of receipt of a copy of this order.
No costs.
10.03.2022
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C.M.A.No.3253 of 2021
Index : Yes
Speaking / Non Speaking
ssn
To
1. The Joint Commissioner of Labour (II),
Thenampet,
Chenni-600 006.
2. The Section Officer,
V.R.Section, High Court,
Madras.
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C.M.A.No.3253 of 2021
P.T.ASHA, J.,
ssn
C.M.A.No.3253 of 2021
https://www.mhc.tn.gov.in/judis
C.M.A.No.3253 of 2021
10.03.2022
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