Point of law: If the Registrar is satisfied that the certificate is obtained by fraud or mistake or the Union has ceased to exist, is not the circumstance here and further has willfully and after notice from the Registrar contravened any provision of the Act or allowed any rule to continue in force which is in consistent with any of the provision and as such, sub-clause (b) of Section 10 presupposes that there must be satisfaction of Registrar about certificate obtained by fraud or Union has willfully and after notice continued to contravened any of the provision. Now, this satisfaction appears to be completely missing from bare reading of the order in question, as it appears prima facie.

JUDGMENT :

1. Present petition under Articles 226 and 227 of the Constitution of India is filed for the purpose of seeking following reliefs:-

“A. Your Lordships may be pleased to issue a Writ of Certiorari or any other Writ or direction quashing and setting aide the Judgment and order dated 07.12.2018 passed by the Learned Industrial Court, Gujarat at Ahmedabad- Respondent No.3 in Trade Union Appeal No.02 of 2017 (Annexure-V) and order dated 25.05.2017 passed by the Respondent No.2 cancelling the Registration (Annexure-L);

B. Pending the admission and Final hearing of this Petition, this Hon’ble Court may be pleased to stay the operation, implementation and execution of the Judgment and order dated 07.12.2018 passed by the Learned Industrial Court, Gujarat at Ahmedabad- Respondent No.3 in Trade Union Appeal No.02 of 2017 (Annexure-V) and order dated 25.05.2017 passed by the Respondent No.2 cancelling the Registration (Annexure-L);

C. …………

D. …………”

2. The case of the petitioner is that the petitioner Rashtriya Labour Union is registered under the provisions of the Trade Unions Act, 1926 (hereinafter to be referred as ‘the Act’) before the Deputy Registrar of Trade Unions, State of Gujarat way back on 27.9.1990 bearing Registration No.G/4742. The Union has espoused the cause of several labourers and made endeavour to uplift their standards. According to the petitioner, there are as many as 989 individual members of the petitioner Union and since last 27 years, the members and the office bearers have been representing the cause of labourers before various forums, i.e. Labour Courts, Industrial Courts, Labour Commissioner, Deputy Commissioner, etc. in accordance with law. Every year, in accordance with the constitution of the Union, the office bearers have been elected and as required under Section 28 of the Act, yearly returns have also been filed regularly before the respondent No.2 authority in consonance with the Gujarat Trade Union Regulations 1963 (hereinafter to be referred as ‘the Regulations’).

2.1. It is further the case of the petitioner that one Maruti Industries, Ahmedabad filed one Special Civil Application No.19368 of 2015 before the High Court, wherein notice was issued upon workman Suresh Chandubhai Rajput. The said workman was suffering from cancer and the petitioner Union through the authorized person, namely Mr. Subhash B. Chaudhary, represented him before the High Court on 21.1.2016 and requested for some time to make appropriate arrangement for filing appearance on his behalf i.e. on behalf of the workman. During the process, some queries were raised by by the Hon’ble Court, which were replied by Shri Chaudhary- representative of the petitioner Union and replied also with regard to the query related to his designation in the Union. According to the petitioner, on account of some inadvertence, mistakenly, it was recorded that Mr. Chaudhary is the Vice President of the Union and on 21.1.2016, on that very day, when time was sought, it was observed in the order that the affairs of the Union require scrutiny by the competent authority and for effective adjudication, the petitioner as well as the respondent No.2 authority were directed to be impleaded as party to the proceedings. According to the petitioner, surprisingly, in respect of these proceedings before the High Court, straightway, without application of mind, a show cause notice came to be issued on 9.6.2016 upon the petitioner Union under Section 10 of the Act as to why registration of the petitioner Union shall not be cancelled. The show cause notice contained basically three elements, viz. (1) that for the year 2015, Mr. S.B. Chaudhary has appeared as Vice President and General Secretary before the High Court, which has raised suspicion over the affairs of the Union and an attempt is made to misguide the Court, (2) that there is violation of the constitution of the Union regarding election of office bearers in the year 2013-2015 and (3) that the reason is th