D.Basu, J. - (1.) The Petitioner Kesoram Rayon Workmen's Union, a Trade Union of the workmen of Respondent No. 4 (Kesorani Industries & Cotton Mills Ltd.) has brought this Petition under Article 226 of the Constitution on the following allegations:
(2.) The Petitioner was registered as a Trade Union on 7-9-1959. In 1964, it organised a strike to compel Respondent No 4 to accede to the demands of its members; on 16-3-1964 the dispute was referred by the State Government (Respondent No. 2) to the First Industrial Tribunal and it was followed by an Award of the Tribunal, dated 4-6-1964, in terms thereof. Further disputes having arisen thereafter, various tripartite agreements were entered into by Respondent No. 4 at the instance of the Petitioner As a result of these activities of the Petitionr. Respondent No. 4 sought to set up a rival Trade Union of its employees and succeeded in setting up Respondent No. 3. the Kesoram Rayon Sramik Union, consisting of not more than 10 per cent of its employees. In March, 1965. the Petitioner came to know that Respondent No. 3 had submitted an application for its registration as a Trade Union to Respondent No. 1, the Registrar of Trade Unions. Thereupon members of the Petitioner Union submitted a written objection to Respondent No. 1 by a joint petition (Ann. A to the petition). The matter having been sent to the Asstt. Labour Commissioner of the State for inquiry, he submitted a report stating that the application for registration submitted by the rival Union was defective and also contained false signatures and that, accordingly, it should be rejected.
(3.) Notwithstanding this report of the Asstt Labour Commissioner, however, Respondent No. 1 heard Respondent No. 4. without giving any notice to the petitioner even though the Petitioner pressed for a personal hearing, and made as order for registration of Respondent No. 3 and issued a certificate accordingly, OH the 2nd June, 1965, The petitioner now challenges the validity of the said order of registration of the rival Union and prays for a writ of mandamus and certiorari on the grounds: -- (a) That the order contravenes natural justice as it was made without hearing the petitioner; (b) That Section 8 of the Trade Unions Act, 1926 (hereinafter referred to as 'the Act'), if it is construed as not requiring a hearing to be offered to an existing Union before registering a new one, contravenes Article 19(1)(c) of the Constitution; (c) That the impugned order is ultra vires as it was made on extraneous considerations and also because the application submitted by Respondent No. 3 did not comply with the requirements of the statute.;