JUDGEMENT
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(1.)The action of the Deputy Registrar of Trade Unions and Deputy
Commissioner of Labour, Sangareddy (hereinafter called the "Registrar"), in
cancelling the registration certificate of the petitioner-trade union vide
proceedings dated 13.06.2013, is under challenge in this Writ Petition as being
arbitrary, illegal, and in violation of the provisions of the Trade Unions Act,
1926 (for brevity, 'the Act'). A consequential direction is sought to the third
respondent to conduct an enquiry as per law after giving the petitioner-union an
opportunity of being heard.
(2.)The petitioner Union submitted an application dated 02.10.2012, for registration
of their Trade Union, under Regulation 3 of the A.P. Trade Unions Regulations,
1927. The said application was received by the office of the Registrar on
16.10.2012. The Registrar issued a Certificate of Registration of the Trade
Union, in Form-C in terms of the Regulation 5(1), bearing No.A/T.U/99/2012 dated
18.10.2012. Soon thereafter, on 25.10.2012 and 26.10.2012, 88 workers of the
4th respondent submitted individual letters informing the 3rd respondent that
they were not the members of the Union, their I.D. Cards and other documents
were obtained without their knowledge and were used for the purpose of
registration of the Trade Union. The 4th respondent submitted a representation
on 29.10.2012 informing the 3rd respondent that over 60 workers, whose names
were found in the resolution alleged to have been passed by the petitioner
Union, had submitted representations to the Management that they had no
knowledge of the registration of the Union by the so called office bearers; a
fraud was played on them by persons claiming to be union office bearers, while
submitting papers for registration to the office of the Registrar, which needed
urgent enquiry to ascertain the real facts; and a proper enquiry should be made
regarding membership of the petitioner Union, and their registration cancelled.
(3.)The 4th respondent requested that registration of the petitioner Union be kept
under suspension pending disposal of the enquiry, as they foresaw the
possibility of clashes between the petitioner union and the other faction of
workers which would cause unrest and disturbance in the factory. Enclosed to
the said letter of the 4th respondent were copies of the representations of 88
workmen.