Sinha, J. - (1.) The facts in this case are as follows. The petitioner is a workman employed as a crane driver at the Kulti Works of the Indian Iron and Steel Company Ltd. That company and the Indian Standard Wagon Company Ltd., Burnpur, are allied concerns. The Assansol Iron and Steel Worker's Union is a Trade Union of the workers of the two companies and is registered under the Trade Unions Act of 1926 (hereinafter referred to as the "Trade Union').
(2.) A 'Trade Union' (as defined by the Indian Trade Unions Act' 16 of 1926 hereinafter called the 'Act') means any combination whether temporary or permanent, formed primarily for the purpose of regulating the relation between workmen and employers or between workmen and workmen or between employers and employers or for imposting restrictive conditions on the conduct of any trade or business and includes any federation of two or more Trade Unions. (Section 2(h)). Any seven or more members of a Trade Union may, by subscribing their names to the rules of the Trade Union and by otherwise complying with the provisions of the - Act with respect to registration, apply for registration of the Trade Union (Section 4). In order to be eligible for registration, the Trade Union must have an executive constituted according to the provisions of the Act, and the rules of the Trade Union must contain certain provisions as laid down in Section 6 of the Act. If the Trade Union contravenes any provisions of the Act after receiving a notice from the Registrar, the registration can be cancelled; Upon registration, the Trade Union becomes a body corporate by the name under which it is registered. Under Section 29, the State Government has power to frame regulations for the purpose of carrying into effect the provisions of the Act.
(3.) The constitution and rules of the Trade Union are annexed to the petition and marked 'A|. It contains the following provision: "All workers working in Standard Wagon Company S. C. o. B. Ltd, I. I. and S. Ltd., Kulti Works, E. L. C. Co., of the age of 18 years or more shall be entitled to be an ordinary member of the Union by agreeing to abide by the terms of the constitution.";