Rajesh Dayal Khare, J. - (1.) HEARD learned Counsel for the Petitioner, learned Standing Counsel, who has accepted notice on behalf of the Respondent Nos. 1 and 2.
(2.) THE present Writ Petition has been filed for a Writ of Certiorari for quashing the order dated 15/16.09.2009 passed by the Assistant Registrar, Trade Union, Kanpur Region, Kanpur, whereby it has been held that dispute with regard to the Trade Union can not be decided by him and the matter is to be adjudicated by the competent Civil Court. Learned Counsel for the Petitioner has stated that the order impugned can not be sustained in view of the order, which was passed by this Court in Civil Misc. Writ Petition No. 1435 of 1998 in the matter of Karamchari Sangh Hindustan Aeronautics Kanpur Division, Kanpur and Anr. v. Registrar, Trade Union, U.P. Kanpur and others, copy of which has been filed as Annexure -3 to the accompanying Writ Petition.
(3.) PERUSAL of the said order shows that controversy involved in the aforesaid case was with regard to the recording of the names of the officer bearers of the Trade Union on the Register maintained by the Registrar Trade Union and grievance as raised in the said petition was in the year 1995, the Registrar, Trade Unions accepted Form J submitted by the outgoing office bearers and recorded the name of the Petitioners as office bearers. Thereafter on some representation being made to the Minister concerned, who directed the Registrar to make an enquiry pursuant to which the Registrar recalled his earlier order, which was passed in the year 1995, which order was challenged on two grounds. Firstly, on the ground that although the order of the Registrar was administrative order and before recalling of the same, the Petitioner should have been given notice and secondly, on the ground that it was passed under the dictates of the Minister. In the said background, this Court directed the parties to place all the membership register etc. before the Registrar, Trade Unions, who was directed to scrutinize the same and finalize list of members and hold elections.;