- (1.) THE appellants in the present special appeal have sought to question a judgment and order passed by a learned Single Judge, rejecting a challenge to an order of the Deputy Registrar of Trade Unions, Gautam Budh Nagar dated 27 November 2014. By his order dated 27 November 2014, the Registrar of Trade Unions accepted on the record a change notified in Form -J in respect of the constitution of the office bearers of the Trade Union following the elections. The learned Single Judge has held that the Registrar, under the provisions of Section 28 of the Trade Unions Act, 1926, does not perform a judicial or quasi judicial function, but merely records the statement furnished showing all changes of office bearers made by Trade Union during the year. Consequently, it was held that if the appellants seek to dispute or challenge the legality of the elections which were held, they would have to file a civil suit.
(2.) LEARNED senior counsel appearing on behalf of the appellants has relied upon a decision of the Supreme Court in North Eastern Railway Employees Union and Ors. v. IIIrd Additional District Judge, Farrukhabad and Ors. : AIR 1988 SC 2117 in support of the proposition that the Registrar of Trade Unions is the authority charged with the duty of administering the provisions of the Act. Based on this observation, it was submitted that when a statement was submitted to the Registrar, he was duty bound to examine whether, prima facie, a change in the constitution of the office bearers was validly effected. The appellants dispute the legality of the elections which have been conducted by the contesting respondent, namely the fourth respondent, which is Noida Employees Association.
(3.) THE powers of the Registrar in this regard are dealt with in Section 28 of the Act which relates to the filing of returns. Under Section 28 (1), a general statement has to be submitted annually to the Registrar duly audited of all receipts and expenditure of every registered Trade Unions for the relevant period. Under sub -section (2), together with the general statement, the Registrar has to be informed through a statement of all changes of office bearers made by Trade Union during the year to which the general statement refers. Sub -section (2) of Section 28 of the Act provides as follows: "(2) Together with the general statement there shall be sent to the Registrar a statement showing all changes of office bearers made by the Trade Union during the year to which the general statement refers together as with a copy of the rules of the Trade Union corrected up to the date of the despatch thereof to the Registrar." Sub -section (4) of Section 28 of the Act provides as follows: "(4) For the purpose of examining the documents referred to in sub -sections (1), (2) and (3), and Registrar, or any officer authorized by him by general or special order, may at all reasonable times inspect the certificate of registration, account books, registers and other documents relating to a Trade Union, at its registered office or may require their production at such place as he may specify, in this behalf, but no such place shall be at a distance of more than ten miles from the registered office of a Trade Union." ;