UTTARAKHAND SHRAMJIVI PATRAKAR Vs. LABOUR COMMISSIONER
HIGH COURT OF UTTARAKHAND
Uttarakhand Shramjivi Patrakar
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(1.) The petitioner is a registered Trade Union of working journalists in the State of Uttarakhand in the name of "Uttarakhand Shramjivi Patrakar Union". The petitioner is aggrieved that after the registration of the petitioner-Union as a Trade Union another Trade Union has been registered by the Registrar in Uttarakhand in the name of "Shramjivi Patrakar Union Uttarakhand". Two name resembles each other and, therefore, the petitioner moved an application before the Registrar Trade Union under section 7 of the Trade Unions Act, 1926 (hereinafter referred to as "the Act") for cancellation of the Trade Union i.e. "Shramjivi Patrakar Union Uttarakhand". The Registrar Trade Union though vide its order dated 10.12.2008 has rejected the application of the petitioner on the grounds that since the Trade Union has already been registered the only remedy to the petitioner is to file an appeal under section 11 of the Act before the appropriate authority.
Heard Mr. Arvind Vashsith, learned Counsel for the petitioner and Mr. Paresh Tripathi, Additional Chief Standing Counsel for the State.
In spite of notice sent to respondent No. 4 by registered post, nobody has put in appearance on behalf of respondent No. 4.
(2.) Section 7 of the Trade Unions Act, 1926 reads as under:--
Section 7--Power to call for further particulars and to require alterations of names--
(1) The Registrar may call for further information for the purpose of satisfying himself that any application complies with the provisions of section 5, or that the Trade Union is entitled to registration under section 6, and may refuse to register the Trade Union until such information is supplied.
(2) If the name under which a Trade Union is proposed to be registered is identical with that by which any other existing Trade Union has been registered or, in the opinion of the Registrar, so nearly resembles such name as to be 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 application, and shall refuse to register the Union until such alteration has been made.
(3.) Section 10 of the Trade Unions Act, 1926 reads as under:--
Section 10-Cancellation of registration -- A certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar:--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 certificate has been obtained by fraud or mistake or that the Trade Union has ceased to exist or has willfully 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:
Provided that not less than two month's previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate shall be given by the Registrar to the Trade Union before the certificate is withdrawn or cancelled otherwise man on the application of the Trade Union.;
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