A valid reference of an industrial dispute remains operational and is not rendered void by the subsequent cancellation of a union’s registration. The dispute survives as a matter between employer and workmen, allowing for continued adjudication through legitimate representational pathways.

JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The writ application has been preferred challenging an order dated 02.02.2026 passed by the learned First Industrial Tribunal, Kolkata.

2. Vide the impugned order, the learned Tribunal considering the issue raised by the petitioner herein, decided the said issue as follows:-

“Now the moot question is “as to whether the entire proceeding to be gone away on subsequent deregistration of the Union No. 1 under Trade Union Act or not.”

………..

In this regard, I have carefully gone through all 3(three) citations referred by OP/Company and my considered and humble opinion is that the citation (2006) 11 SCC P-731(II) is not applicable in the given case as because in that citation from the day beginning or at the time filing writ, the petitioner being an unregistered union as registration already withdrawn, suppressed the fact of withdrawal of registration before the court of justice, which was misleading to the court. So, only on the ground of misleading and suppressing the fact of withdrawal of registration, the prayer was turned down. But here in this case, the Union No. 1 was all through a registered trade union in the proceeding and there was no suppression of fact rather the fact of subsequent de- registration, which is not similar with the fact of above citation.

The citation No. 2, SCC Online Cal 640 is also not relevant to this case as fact of the citation is altogether different with the facts in hand because the trade union registered under the West Bengal Co-operative Society Act not under the Trade Union Act.

The citation No. 3, 2025 SCC Online Gauhati 2659 is also not applicable in given fact of the case as because on that citation the union representing the members is totally unregistered union.

But in this case, the Union No. 1 was all through a registered union under the Trade Union Act 1926 as per requirement of Industrial Dispute Act and subsequently at the stage of hearing of argument i.e. on 27.07.2023, it became unregistered. So, the question is the subsequent event like de-registered of the trade union subsequently, will have any effect in this proceeding or not, that to be taken for consideration.

At the threshold, it should be kept in mind that the Industrial Dispute Act is a peace of social welfare legislation, enacted with a view to protect the workers from the exploitation and at the same time to ensure the all-round development of industry by maintaining industrial peace.

In this regard, I would like to recapitulate the meaning of industrial dispute - Industrial Dispute as a dispute, which is likely to disrupt the industrial peace. Hon'ble Supreme Court in citation in 1979 (3) SCC 291, has held that the industrial dispute can be raised by a substantial numbers of workmen, even an un- registered minority union can raise such a dispute. There is nothing in the act to require that dispute should be raised by all the workmen.

Hon'ble Supreme Court in citation, 1960 SCC Online SC 324, held that a dispute becomes an industrial dispute even where it is sponsored by a union, which is not registered.

On relying upon ruling 2000 (4) L.L.N. 1086 Cal, Hon'ble Calcutta High Court on its judgement dated 04.08.2000, has held that for the purpose of raisin