R.G.DSOUZA Vs. POONA EMPLOYEES UNION
LAWS(SC)-2014-11-35
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on
November 18,2014
R.G.Dsouza
Appellant
VERSUS
POONA EMPLOYEES UNION
Respondents
Referred Judgements :-
INDIAN EXPRESS NEWSPAPERS (BOM) EMPLOYEES UNION V. K.M. DESAI AND ORS. [REFERRED TO]FORBES FORBES CAMPBELL AND COMPANY LIMITED VS. ENGINEERING MAZDOOR SABHA [REFERRED TO]
BPL GROUP OF COMPANIES KARMIKABA SANGHA VS. STATE OF KARNATAKA [REFERRED TO]
MAHARASHTRA ENGINEERING PLASTIC AND GENERAL KAMGAR UNION VS. CHAMUNDI PETROLEUM [REFERRED TO]
Cited Judgements :-
POONA EMPLOYEES UNION VS. FORCE MOTORS LIMITED & ANOTHER [LAWS(SC)-2015-12-2] [REFERRED TO]VIDEOCON INDUSTRIES LTD VS. V.V. PANDYA & 2 [LAWS(GJH)-2017-2-60] [REFERRED TO]
TATA MARCOPOLO MOTORS LIMITED VS. PRINCIPAL SECRETARY [LAWS(KAR)-2017-10-257] [REFERRED TO]
JUDGEMENT
-
(1.)The appellant has filed this appeal questioning the correctness of the Judgment and order dated 25.2.2009 passed in W.P. No.4048 of 2008 by the Division Bench of High Court of Judicature at Bombay affirming the order of Industrial Court, Pune dated 11.04.2008 whereby the Industrial Court set aside the order of Additional Registrar, cancelling the Registration Certificate of the Poona Employees Union-the respondent No.1 (hereinafter referred to as the Trade Union), urging various facts and legal contentions.
(2.)The factual matrix and the rival legal contentions are briefly stated hereunder with a view to find out as to whether the impugned Judgment and order warrants interference by this Court under its appellate jurisdiction. The appellant was the Union President of the Trade Union when the application for the Registration of it was submitted. Due to internal clashes, he was expelled from the Trade Union. There were some disputes between the Trade Union and another Union namely, Bhartiya Kamgar Sena ("BKS" for short) pending before the Industrial Court. The appellant claimed that he was an active member in the Labour movement and an interested party and therefore, filed an application under Section 10 of the Trade Unions Act, 1926 (for short "the Act") before the Additional Registrar of Trade Unions seeking cancellation of the Certificate of Registration of the Trade Union on the ground that the same was obtained by fraud, mistake or misrepresentation.
The ground taken for cancellation of the registration of the Trade Union was non-filing of the necessary documents as per the Rules and Regulation and obtained Registration Certificate by mistake and fraud which was accepted by the Additional Registrar of the Trade Unions. The Additional Registrar of Trade Unions by his order dated 12.2.2008 cancelled the registration of the Trade Union.
(3.)Being aggrieved by the said order, the Trade Union filed an appeal under Section 11 of the Act before the Industrial Court, Pune, the Appellate Authority. After hearing both the parties, the Industrial Court, Pune passed an order on 11.4.2008, by recording its reasons, set aside the order passed by the Additional Registrar of Trade Unions.
(2.)The factual matrix and the rival legal contentions are briefly stated hereunder with a view to find out as to whether the impugned Judgment and order warrants interference by this Court under its appellate jurisdiction. The appellant was the Union President of the Trade Union when the application for the Registration of it was submitted. Due to internal clashes, he was expelled from the Trade Union. There were some disputes between the Trade Union and another Union namely, Bhartiya Kamgar Sena ("BKS" for short) pending before the Industrial Court. The appellant claimed that he was an active member in the Labour movement and an interested party and therefore, filed an application under Section 10 of the Trade Unions Act, 1926 (for short "the Act") before the Additional Registrar of Trade Unions seeking cancellation of the Certificate of Registration of the Trade Union on the ground that the same was obtained by fraud, mistake or misrepresentation.
The ground taken for cancellation of the registration of the Trade Union was non-filing of the necessary documents as per the Rules and Regulation and obtained Registration Certificate by mistake and fraud which was accepted by the Additional Registrar of the Trade Unions. The Additional Registrar of Trade Unions by his order dated 12.2.2008 cancelled the registration of the Trade Union.
(3.)Being aggrieved by the said order, the Trade Union filed an appeal under Section 11 of the Act before the Industrial Court, Pune, the Appellate Authority. After hearing both the parties, the Industrial Court, Pune passed an order on 11.4.2008, by recording its reasons, set aside the order passed by the Additional Registrar of Trade Unions.
Copyright © Regent Computronics Pvt.Ltd.