- (1.) THIS special appeal is directed against a judgment and order dated April 17, 1995 passed by a learned Single Judge of our Court in S. B. Civil Writ Petition No. 5870/1993.
(2.) THE Registrar of Trade Unions filed the writ application seeking to quash the judgment and order passed by the learned District Judge, Udaipur dated August 7, 1993. The learned Single Judge was of the view that the learned District Judge has rightly set aside the order cancelling the registration of the respondent-Lake Palace Hotel Karya Karta Union dated September 30, 1991 and in that view of the matter, the learned Single Judge was not inclined to interfere with the judgment and order as passed by the learned District Judge and thus dismissed the application under Article 226 of the Constitution of India. However, the Registrar of Trade Unions and Joint Labour Commissioner was given liberty to proceed under Section 10 of the Trade Unions Act, 1926 in accordance with law
(3.) MR. K. L. Jasmatia, learned Additional Advocate General in support of the special appeal contended before us that both the learned Single Judge as well as the learned District Judge failed to consider the legal provisions contained under the Trade Unions Act and decided the matter illegally by not taking the correct view of the law and accordingly, the orders impugned are liable to be set aside and/or quashed. Mr. Jasmatia further contended that as per the provisions laid down under Section 10 (b) of the Trade Unions Act, 1926, the Registrar is empowered to cancel the registration after giving two months notice specifying the grounds in writing. Neither the learned Single Judge nor the learned District Judge could appreciate that in the present case, the Union concerned was given two months time to furnish returns as per the requirements under Section 28 of the Trade Unions Act, but still then the learned District Judge as well as the learned Single Judge of our Court were of the considered view that a second notice ought to have been given to the respondent-Lake Palace Hotel Karya Karta Union before any decision to cancel its registration was taken by the Registrar of Trade Unions. Mr. Jasmatia further contended that on a bare perusal of Section 10 (b) of the Trade Unions Act, it was manifestly clear that such procedure so as to give a second notice was envisaged under law even though only one notice could do duty for the requirements of the Statute.;