T.V. Nalawade, J.

1. The appeal is filed to challenge the decision given by the learned Single Judge of this Court in Writ Petition No.2596/2011 and also the order made by the second respondent, the Registrar appointed under the Trade Unions Act, 1926 on 13-12-2010. The application made by the present appellant, a company on 17-3-2007, for cancellation of the certificate of registration granted to respondent No.3, a Trade Union on 15-12-2003 under the provisions of the Trade Unions Act, 1926 (hereinafter referred to as “the Act”) is rejected by the Registrar. The order of the Registrar is confirmed by the learned Single Judge of this Court. Both the sides are heard.

2. In the application made by the Trade Union, respondent No.3 for registration it was contended that the Trade Union was to work for the workers from all industries of Maharashtra. The application was signed by 8 persons, who included 4 office bearers. It was informed to the Registrar that as on the date of the application the Trade Union had 1525 members. The applicants on the application other than the office bearers were also members of the Trade Union. In Schedule “A” information was given that the members were the ex employees of the present appellant-company. In Schedule “B” it was informed that litigation was pending between the members and the appellant company.

3. The submissions made in the present proceeding and also which were made before the learned Single Judge and also the Registrar show that it was admitted for the Trade Union in the past before the Registrar and the learned Single Judge that the Trade Union was formed by the employees who were terminated by the appellant-company and it was working for those employees only.

4. The appellant-company had prayed for invoking the powers given under section 10(b) of the Act and cancel the registration certificate granted in favour respondent No.3. The main contentions of the appellant are as follows:-

(i) Under section 4(1) of the Act, Trade Union needs to have at least ten per cent or one hundred of the workmen, whichever is less, engaged or employed in the establishment or industry with which it is connected are the members of such Trade Union on the date of making application for registration but respondent No.3 was not having single member in employment either with the appellant-management or with other establishment on the date of registration.

(ii) In the application submitted for registration the names of only eight members were given and these eight members were former temporary employees of the appellant-company and on the date of application not a single member of the Trade Union was employed in the establishment with which the Trade Union was claiming to be connected. All the members who were said to be connected with the Trade Union were already terminated by the appellant management prior to the date of application filed for registration.

(iii) As per the provision of section 22(2) of the Act, two-third of the office bearers of the Trade Union need to be the employees actually working in the factory or establishment with which the Union claimed to be legally connected but not a single office bearer of the Trade Union was on the establishment of the appellant-company on the date of the application filed for registration. In annual returns submitted by the Trade Union for the year 2003, the total number of members was shown as 410 but in the annual returns submitted for the year 2004 the number was shown as 1525.

Many other contentions were made but the main contention was as follows:

“Neither the office bearers nor the members of the Trade Union were engaged or employed by the appellant-company on the date of the application filed for registration.”

5. The submissions made for the respondent – Trade Union in this Court and also before the learned Single Judge and before the Registrar show that the aforesaid contentions were contested by Trade Union by making following two contentions:-

(i) Th