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 unwarranted hurdles to prevent a Pilot's Union from 'taking off' by 'grounding' them in the quagmire of litigation. This is notwithstanding the statement of the objects and reasons of the said Act, enacted way back in the year 1926 providing that a bona fide Trade Union which has provided adequate safeguards for the rights of its members be entitled to registration. This is notwithstanding that Article 19 (1) (c) of the Constitution of India guaranteeing fundamental right to every citizen to form an Association and Union, subject only to reasonable restrictions as contemplated by Article 19(4) of the Constitution of India.

4. In order to evaluate the challenges raised in this petition, reference to the factual settings, in which the same arise is necessary.

5. On 10th June 2009, about 117 Pilots employed with Respondent No.5 and amongst other matters resolved to form and register a Union under the said Act. In pursuance of the same, an application in the prescribed form came to be made on 13th July 2009 to the Deputy Registrar of Trade Unions (Respondent No.2) to register a trade Union in the name of “Indian National Aviator’s Guild”. There is no dispute in the present case, that the term “Registrar” as defined under Section 2(f) of the said Act, means a Registrar of Trade Unions appointed by the appropriate Government under Section 3, and includes any Additional or Deputy Registrar of Trade Unions.

6. Respondent No.2 by letter dated 23rd July 2009 called for further particulars to be submitted by 2nd September 2009 for the purposes of registration of the Petitioner Union. It is the case of the Petitioner Union that since such particulars were readily available, Captain Sam Thomas, Joint Secretary and authorized representative of the Petitioner Union submitted the same in the office of Respondent No.2 on 24th July 2009 itself.

7. Upon scrutiny on the said date, one of the main objection raised to the registration was that a certain G.R. dated 22nd December 2005 barred the use of the word ‘Indian’ in the name of any Trade Unions seeking registration. Therefore, Captain Sam Thomas armed with Resolution No.8 dated 10th June 2009, which conferred upon Joint Secretary a specific power to amend the Constitution and other documents as may be necessary for the purposes of registration, deleted word ‘Indian’ appearing in the name of the Trade Union thereby restricting the name to “National Aviator’s Guild”. There is a record of this compliance in the notings made in the office of Respondent No.2.

8. The notings in the office of Respondent No.2, which now are a part of the record in this proceeding, also make a reference to some additional matters, styled on occasions as ‘deficiencies’ or as 'objections' or as 'conditions' under item Nos. 2, 9, 10, 11, 12 and 1