INDO COUNT CHOONAGNAM EMPLOYEES UNION Vs. REGISTRE BOMBEY INDUSTRIAL RELATION
LAWS(SC)-2009-5-36
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on May 05,2009

INDO COUNT CHOONGNAM, EMPLOYEES UNION Appellant
VERSUS
REGISTRAR (BOMBAY INDUSTRIAL RELATION ACT) Respondents

JUDGEMENT

- (1.) Heard learned counsel for the parties.
(2.) This appeal is directed against the judgment and order dated 03.12.2002 of a Division Bench of the High Court of Gujarat at Ahmedabad. The facts in detail have been mentioned in the impugned judgment and hence we need not repeat the same here.
(3.) The short question in this appeal is whether in an appeal under Section 20 of the Bombay Industrial Relations Act, 1946 (hereinafter for short "the Act") while canceling the registration of the appellant-Employees Union the Industrial Court could direct registration of respondent No. 2 union. Under Section 13 of the Act, if any union wants registration, it has to make an application to the Registrar. Hence, in our opinion, registration to a Union-A cannot be granted in an appeal before the Industrial Court, where the question is about validity of the registration of Union-B. The union seeking registration must make its own application.;


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