B. Mukerji, J. - (1.) This is a Rule obtained by the Registrar of Trade Unions and another under Article 227 of the Constitution.
(2.) It is necessary to recall in brief the facts which have led to this Rule. There is a trade union going by the name of the Dum Dum Cantonment Businessmen's and Traders' Union. The annual return which this trade union should have submitted to the Registrar was not submitted in due time provided for in the Trade Unions Act, XVI of 1926. The usual notice bearing date June 15, 1962, was served on the trade union concerned, the opposite party before me. More than the usual notice was there, because it was accompanied by threat to have the registration of the trade union cancelled under Sec. 10, Clause (b) of the Act. It is hardly necessary to go through all the tortuous proceedings. Suffice it to say that the annual return was submitted in fact on September 19, 1962, and that too with a prayer for condonation of the delay. Without passing any order one way or the other on the prayer made for condonation, the Registrar directed his Inspector to inspect the office of the trade union and, inspection over, to submit a report to him. Notice was given that inspection would be made on March 2, 1963, at 11 a.m. Such notice was duly received by the trade union. On March 2, 1963, the Inspector, as directed by the Registrar, did call -upon the office of the trade union, but in vain. In vain, because none was there in the office. The Inspector's visit, therefore, proved barren. It is a fact to be remembered.
(3.) Only then the Registrar issued a notice on March 7, 1963, directing the trade union to show cause why the certificate for registration should not be cancelled. The trade union then pleaded for one more opportunity. The trade union got what it had pleaded for. A fresh inspection was to be made on July 29, 1963. That day also the Inspector went to the office of the trade union but found none. The whole thing proved barren once more. Only thereafter the order for cancellation of registration was made on August 14, 1963, followed by the usual certificate of cancellation on August 26, following.;