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2013 Supreme(Bom) 2339

V.M.KANADE, M.S.SONAK
National Aviators Guild Being a Trade Union – Appellant
Versus
Registrar of Trade Unions Kamgar Bhavan – Respondent


Advocates Appeared:
For the Petitioner:Sanjay Singhvi i/b. Bennet D'costa, Advocates.
For the Respondents:R1 to R4, J.S. Saluja, AGP., R5, D.J. Khambatta, Sr. Advocate with Abhay Kulkarni, Advocate i/by Gagrats for Intervener.

Judgment :

M.S. Sonak, J.

1. Rule. Rule is made returnable with the consent of all the parties forthwith.

2. The Petitioner, a Trade Union registered under the Trade Unions Act, 1926 (said Act) comprising about 117 Pilots of Jet Airways (India) Limited-Respondent No.5 challenges the order dated 15th April 2013 passed by the Industrial Tribunal (Appellate Authority under Section 11 of the said Act), except to the extent, it sets aside order dated 11th November 2009 passed by the Registrar of Trade Unions cancelling the Petitioner's registration. The order dated 15th March 2009 proceeds to remand the matter to the Registrar once again to determine whether registration had been validly granted and during pendency of such determination suspends the registration and restrains the Petitioner from raising any industrial disputes with Respondent No.5.

3. Before we advert to the facts and circumstances in which the aforesaid challenge arises, we must observe that this case is a classic illustration of how the authorities constituted under the said Act, who are enjoined to facilitate the registration of Trade Unions and safeguard the rights of its members, frustrate this purpose and create u











































































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