A.C.C. Rajanka Lime Stone ... vs Registrar Of Trade Unions, Govt. ...

on 14 April, 1958

Patna High Court

1. In this case the petitioner is the Union called ''A.C.C. Rajanka Limestone Quarries' Mazdoor
Union", Rajbhawan, P. O. Jhinkpani. District Singhbhum, represented by Sri K.K. Sinha, General
Secretary of that Union. It is alleged that the Union consisted of workers employed in the A.C.C.
Rajanka Limestone Quarries' of the Associated Cement Company Limited at Jhinkpani in the
district of Singhbhum. It is said that the Union was formed at the meeting of the workers on 5th of
July, 1957, and the constitution and rules of the said Union are attached to this application as
Annexure II.

On 31st of July, 1957 the petitioner sent an application for registration of the Union to the Registrar
of Trade Unions Government of Bihar, Patna, under a registered postal cover with acknowledgment
due. The application was duly received by the Registrar of Trade Unions on 3rd of August, 1957. As
the matter was kept pending for a long time, reminders were sent to the Registrar to expedite
registration, but no action was taken by the Registrar of Trade Unions.

A telegraphic reminder was also sent on 23rd September, 1957, but there was no reply to that
telegram also. In these circumstances the petitioner has applied to the High Court for grant of a writ
in the nature of mandamus calling upon the respondent to perform his statutory duty of registering
or refusing to register the Trade Union under the provisions of the Indian Trade Unions Act (Act 16
of 1926). There is a counter-affidavit filed on behalf of the respondent and in paragraph 5 of the
counter-affidavit it is said that the Inspector of Trade Unions passed the following order on 26th
October, 1957:

"Perused the list. Original copy of the constitution of the already registered Union at the
Establishment has not been made available. However, a spot enquiry may be necessary and at that
time the discrepancy noticed in the draft constitution can be removed. Put up when I draw up my
programme to visit that side sometime in November/December, 1957."

2. In our opinion, the order of the Inspector dated 26th October, 1957 is much belated and there is
no effective denial of the averments made by the petitioner in the application. Section 3 of the Trade
Unions Act confers power on the appropriate Government to appoint a person to be the Registrar of
Trade Unions for each State. Section 4 states that "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 this Act with respect to registration, apply for registration of the Trade Union
under this Act."

Section 5 deals with application for registration and is to the following effect:

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"5. Application for registration : (1) Every application for registration of a Trade Union shall be
made to the Registrar, and shall be accompanied by a copy of the rules of the Trade Union and a
statement of the following particulars, namely:

(a) the names, occupations and addresses of the members making the application;

(b) the name of the Trade Union and the address of its head office; and

(c) the titles, names, ages, addresses and occupations of the officers of the Trade Union.

(2) Where a Trade Union has been in existence for more than one year before the making of an
application for its registration, there shall be delivered to the Registrar, together with the
application, a general statement of the assets and liabilities of the Trade Union prepared in such
form and containing such particulars as may be prescribed."

Section 7 confers upon the Registrar power to call for further particulars and to require alteration of
name. This section is important and must be quoted in full:

"7. Power to call for further particulars and to require alteration of name (1) The Registrar may call
for further information for the purpose of satisfying himself that any application complies with the
provisions of Section 5, or that the Trade Union is entitled to registration under Section 6, and may
refuse to register the Trade Union until such information is supplied.

(2) If the name under which a Trade Union is proposed to be registered is identical with that by
which any other existing Trade Union has been registered or, in the opinion of the Registrar, so
nearly resembles such name as to be likely to deceive the public or the members of either Trade
Union, the Registrar shall require the persons applying for registration to alter the name of the
Trade Union stated in the application, and shall refuse to register the Union until such alteration has
been made."

Section 8 then imposes the statutory duty upon the Registrar to register the Trade Union on being
satisfied that it has complied with, all the requirements of the Act. Section 8 states as follows :

"8. Registration: The Registrar, on being satisfied that the Trade Union has complied with all the
requirements of this Act, in regard to registration shall register the Trade Union by entering in a
register, to be maintained in such form as may be prescribed, the particulars relating to the Trade
Union contained in the statement accompanying the application for registration."

3. It is the admitted position in the present case that though the application for registration was
made on 31st July, 1957, no action has as yet been taken by the Registrar under Section 7 to call for
further particulars and there has been a failure on the part of the Registrar to perform the statutory
duty imposed upon him under Section 8 of the Act. It is true that Section 7 confers upon the
Registrar the power to make further enquiries in order to satisfy himself that the application
complies with the provisions of Section 5 or that the Trade Union is entitled to registration under

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Section 6.

The Registrar has also got power to refuse the application until such information is supplied.
Similarly, under Section 7 (2), the Registrar may require the Trade Union to change its name if the
name of the Trade Union is identical with any other of the existing Trade Unions. In the present case
no action was taken under Section 7 and the application of the petitioner was merely kept pending
from July, 1957 to November, 1957, when the present petition for writ was filed.

In these circumstances we consider that the petitioner has made out a case for a writ under Article
226 of the Constitution commanding the Registrar of Trade Unions to perform the statutory duty
imposed upon him under Sections 7 and 8 of the Trade Unions Act and to deal with the application
dated 31st July, 1957, made by the petitioner, in accordance with law and as promptly as possible.

4. We accordingly allow this application.

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