JUDGMENT :

RAVINDRA V. GHUGE, J.

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The petitioners are permanent employees of the Company “Bilt Graphics Paper Products Ltd.” at Bhigwan. It is undisputed that respondent no. 3 by name Ballarpur Industries Employees Union Unit, Bhigwan, is the recognized Union in the said establishment.

3. By this petition, the petitioners have put forth prayer clauses 17 (A) and (B) which read as under:

(A) That this Hon’ble Court be pleased to issue a writ of certiorari or any other writ, order or direction calling for the record and proceeding of the Deputy Registrar of Trade Unions has in Application No. 03/2020 and after going through the legality, validity and propriety thereof be pleased to quash and set aside the impugned judgment dated 29.01.2021 which is at Exhibit “A” to the Petition.

(B) After going through the documents on record it may be directed to issue the consent certificate for adjudicating the matter before the Ld. Industrial Court.

4. The petitioners are before the Court on the basis of an application filed by them under Regulation 23 (1) of the Maharashtra Trade Union Regulations, 1927 which are framed under the Trade Unions Act, 1926. Regulation 23 of the said Regulations, reads as under:

“23. Manner of referring dispute to Industrial Court under section 28-1A:

(1) Any person desiring to obtain the consent of the Registrar under sub-section (1) of section 28-1A for the purpose of referring a dispute to the Industrial Court under that sub-section shall make an application to the Registrar in Form “K.”

(2) On receipt of the application under sub-rule (1), the Registrar shall make such inquiries as he may deem fit and if he is satisfied that any dispute of the nature referred to in sub-section (1) of section 28-1A exists he may give his consent in Form “L” called the consent certificate.

(3) On receipt of the consent certificate under sub-rule (2), the applicant shall then refer the dispute to the Industrial Court in Form “M” and enclose therewith the consent certificate in original.”

5. Form “K” is prescribed under Regulation 23(1) for preferring the application for seeking a consent certificate, under section 28(1-A), which prescribes the power of the Industrial Court to decide certain disputes. The said Section reads as under:

“28(1-A) Power of Industrial Court to decide certain disputes - (1) Where there is a dispute as respects whether or not any person is an office-bearer or member of a registered trade union (including any dispute relating to wrongful expulsion of any such office-bearer or member) or where there is any dispute relating to the property (including the account books) of any registered trade union any member of such registered trade union for a period of not less than six months may, with the consent of the Registrar, and in such manner as may be prescribed, refer the dispute to the Industrial Court constituted under the Bombay Industrial Relations Act, 1956 for decision.”

6. For the sake of brevity, Form “K” is reproduced as under:

FORM “K”

[See Regulation 23(1)]

TRADE UNIONS ACT, 1926

Application to the Registrar

Name of the Trade Union

Registration Number

(Address)

Dated this......day of......20

To,

The Registrar of Trade Unions,

State of Maharashtra, Mumbai

Sir,

I/We have to inform you that a dispute of the nature described in Annexure.......has* arisen as respects whether or not Shri Sarvashri.......is a member/office bearer/are member/office bearers* relating to the property of the.......Union mentioned below.

I/We have, therefore, to request you to kindly make such inquiries as you deem fit under Regulation 23 of the Maharashtra Trade Unions Regulations, 1927 and if satisfied, to communicate your consent in writing to the undersigned so as to enable him/them to refer the dispute to the Industrial Court, Mumbai.

I/We hereby affirm that I am/we are a member/members of the said Union for a period of not less than six months.

Yours faithfull