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2023 Supreme(Cal) 1404

RAJA BASU CHOWDHURY
Tata Steel Limited, (Hooghly Met Coke Division) Haldia Contractor’s Mazdoor Sangh – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Sayak Chakaraborti, Mr. Wrickbrata Roy.
For the Respondents: Mr. Priyankar Saha, Mr. Debangshu Dinda.

JUDGMENT :

Raja Basu Chowdhury, J.

1. The present writ application has been filed, inter alia, challenging withdrawal/cancellation of Certificate of Registration by issuing a communication dated 28th October, 2022.

2. It is the petitioners’ case that the petitioner no.1 is a trade union, which is duly registered under the Trade Unions Act, 1926, (hereinafter referred to the “said Act”) bearing registration no.29292. Such registration had been issued on 13th January, 2021.

3. The petitioners claim that the petitioner no.1 to espouse the cause of the workmen employed with the Tata Steel Limited, Haldia, is presently party to a proceedings pending before the National Industrial Tribunal.

4. It is the petitioners’ case that some time in the month of June, 2022, the petitioner no.1 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 Regulations”), intimating the intention of the respondent no.2 to proceed on 30th August, 2022, for withdrawal and/or cancellation of the Certificate of Registration of the petitioner no.1 on the following grounds:-

    1. Non-submission of Annual Returns for more than 3 yea

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