Vijay Bahuguna - (1.) THE petitioner no. 1 is a registered Trade Union under the Trade Unions Act, 1926 operating the Raymond Synthetics Limited, a public limited Company. In January, 1993, the respondent no. 4, Raymond Synthetics Limited Mazdoor Sangh, Karchhana Allahabad moved an application for registration of its Union in the name of Raymond Synthetics Limited Karmachari Sangh. THE respondent no. 1, the Registrar, Trade Unions, U. P. Kanpur after making necessary enquiries from the respondent no. 2 and 4 registered the respondent no. 4 by an order dated 28-7-1993 exercising powers under Section 8 of the Trade Unions Act. THE said order is impugned in the present writ petition on the ground that no opportunity was afforded to the petitioners to contest the claim of the respondent no. 4 and that the respondent no. 4 did not fulfil the requisite conditions prescribed under section 5 of the Trade Unions Act.
(2.) THE petitioners contend that the notice for registration submitted by the respondent no. 4 was defective as the members who signed the notice were not workers of the Raymond Synthetics. A bare reading of Sections 5, 7 and 8 of the Act makes it clear that it is not incumbent upon the Registrar Trade Unions to hear the existing unions before registering a trade union under Section 8 of the Act. The power is administrative in nature and is not quashi judicial. In this regard this Court endorces the view of the Calcutta High Court in the case of Kesoram Rayon Workmens' Union v. Registrar of Trade Unions, AIR 1967 Cal. 507 as also the view taken by our own High Court in the case of North Eastern Railway Mazdoor Rail Mazdoor Bhawan Aligar, Gorakhpur v. Registrar of Trade Unions Kanpur, 1969 LIC 209 and North Eastern Railway Employees Union, Gorakhpur v. Registrar of Trade Unions U. P. Kanpur. 1975 LIC 860. The power is conferred upon the Registrar to cancel the registration if he is satisfied that the certificate has been obtained by fraud or mistake after providing an opportunity of a hearing to the Trade Union which has been registered. The power can be exercised by the Registrar suo motu or on receipt of information through other sources The petitioners may make representation to the Registrar specifying the necessary facts before him that the respondent no. 4 has been granted registration by mistake and if such a representation is made it is expected that the Registrar, Trade Unions, will look into the matter and satisfy himself whether any action should be initiated under section 10 of the Act. To satisfy himself, the Registrar is fully empowered to make necessary enquiries. In the present proceedings under Article 226 of the Constitution it is not open to this Court to examine the correctness or otherwise of the registration certificate granted in favour of respondeat no. 4 and as such the petitioners are not entitled to any relief.
(3.) SUBJECT to the directions given above, the writ petition fails and is dismissed. There shall, however, be no order as to costs. Petition dismissed.;