JUDGMENT :

Raja Basu Chowdhury, J:

1. The present application has been filed, inter alia, challenging withdrawal/cancellation of the Certificate of Registration issued by the respondent no.2, in Form F.

2. The petitioner no.2 claims to be a duly registered trade union, under the Trade Unions Act, 1926 (hereinafter referred to as the said Act). A Certificate of Registration of the trade union, appearing at page 13 of the writ application, appears to have been issued by the respondent no.2. The petitioner no.2, to espouse the cause of the workmen employed with the respondent no.3, is presently party to several proceedings, inter alia, including proceedings pending before this Hon’ble Court.

3. It is the case of the petitioners that sometimes in the middle of September, 2022, the petitioner no.2 was served with a notice in Form E, issued under Regulation 8 of the Bengal Trade Unions Regulations, 1927 (hereinafter referred to as the said Regulation), notifying the intention of the respondent no.2 to proceed on 12th October, 2022, as regards the withdrawal or cancellation of Certificate of Registration of the petitioners’ trade union, on the ground of non-submission of annual returns for more than three years and for non-compliance with Section 9A of the said Act, as amended. It is also the petitioners’ case that the petitioners had since, met with the respondent no.2 and had thereafter served on the said respondent the annual returns, for the years 2013 to 2021. Such returns were forwarded in Form H as is required to be submitted as per the provisions of Section 28 of the said Act, read with Regulation 18 of the said Regulation. In support of the aforesaid contention, Form H along with Postal receipt has been annexed with the writ application.

4. Subsequently, the petitioners came to learn from the respondent no.3, that a notice in Form F dated 7th November, 2022 has been issued in terms of Regulation 9 of the said Regulation, thereby withdrawing or cancelling the Certificate of Registration of the petitioner no.2. Immediately upon ascertaining the factum of issuance of the notice in Form F, dated 7th November, 2022, the petitioners through their advocate had called upon the respondent no.2 to withdraw the said Form F, as the grounds for withdrawal of the Certificate of Registration no longer subsisted, in the light of the petitioner no.2 complying with the request of the respondent no. 2, as made in Form E. Challenging the notice/order in Form F by the respondent no.2, the present writ application has been filed.

5. Mr. Guha Thakurta, learned advocate representing the petitioners submits that the petitioners, immediately upon issuance of the notice in Form E, had taken steps to comply with their shortcomings. All such documents as were required by the respondent no.2, had been duly submitted by the petitioners in requisite format. Once the aforesaid documents were submitted the petitioners were under a bona fide belief that no further steps would be taken by the respondent no.2. Unfortunately, the notice/order in Form F has been issued. Interestingly, however, no copy of such notice has till date been served on the petitioners for which the petitioners could not take steps in the matter. He says that the respondent no.2 acted mechanically without any application of mind and without even considering the compliance of notice in Form H. By issuing Form F, the respondent no.2 has purported to cancel the Certificate of Registration of the petitioner no.2. The aforesaid cancellation has far reaching consequences. Presently there are several legal proceedings which are pending before different forum, unless the order of cancellation is set aside, and appropriate protection is granted, the petitioners shall suffer irreparable loss and injury and prejudice.

6. Per contra Mr. Pal, learned advocate representing the respondent nos. 1 and 2 submits that the petitioner no.2 was duly notified with regard to the failure on the part of the petitioner no