D.P.SINGH, J. - (1.) Pleadings have been exchanged and the counsel for the parties agree that this petition may be finally disposed off under the rules of the Court. This writ petition is directed against an order dated August 29, 2001 passed in a pending appeal by the District Judge, Kanpur Nagar filed under Section 11 of the Trade Unions Act, 1926. The further prayer is for a direction to the appellate authority to try the appeal as a civil suit.
(2.) The petitioner is a duly incorporated company under the Indian Companies Act and is engaged in manufacture and sale of sugar from 1995. Employees of the petitioner Mill formed a Trade Union known as Dwarikesh Sugar Mills Karamchari Union, which was registered with the Registrar, Trade unions and a certificate dated October 19, 2000 was issued. It appears that the management of the Mills refused to accept or recognise the respondent No. 2 union and approached the Registrar through various letters including letter dated January 18, 2001. It also appears that certain employees also approached the Registrar for cancellation of the registration and subsequently vide order dated February 8, 2001 the registration was cancelled after show cause. The respondent-union thereafter filed an appeal under Section 11 of the Act. The petitioner had already filed a caveat before the District Judge, Kanpur Nagar, Kanpur who is the designated appellate authority under the Act. Nevertheless, the petitioner moved an application dated February 10, 2001 for impleadment, which was allowed and it took part in the proceedings. After the entire proceedings had culminated into a date for judgment, it moved an application stating that the appellate authority has to try the appeal as a suit after framing issues and directing the parties to lead evidence. This application dated August 24, 2001 has been rejected by the impugned order.
(3.) The only argument raised on behalf of the petitioner is that in view of provisions of Section 11(3) of the Act the entire procedure of trying a suit has to be followed. Before dealing with the argument it would be appropriate to first examine the provision, which is extracted below:- "(3) For the purpose of an appeal under sub-section (1) an Appellate Court shall, so far as may be, follow the same procedure and have the same powers as it follows and has when trying a suit under the Code of Civil Procedure, 1908, and may direct by whom the whole or any part of the costs of the appeal shall be paid any such costs shall be recovered as if they had been awarded in a suit under the said Code.";