ORDER :

1. Instant petition has been filed by the petitioner against the impugned order dated 03.04.2019 passed by the Industrial Tribunal cum Labour Court, Alwar in Appeal No.01/2018 by which application filed by the petitioner Union under order 7 Rule 11 CPC has been rejected.

Submissions by the petitioner:

2. Counsel for the petitioner Union submits that the petitioner Union submitted an application for registration of their Union under the provisions of Indian Trade Union Act, 1926 (for short ‘the Act of 1926) and the said application was allowed and the petitioner was declared as registered Union by the Additional Registrar, Trade Union by issuing certificate on 29.08.2018. Counsel submits that feeling aggrieved and dissatisfied by the said certificate dated 29.08.2018 the respondent Company submitted an application under Section 10 of the Act of 1926 which is still pending for adjudication before the Additional Registrar. Counsel submits that in pursuance of such application by respondent Company a notice was issued by Additional Registrar to petitioner Union on 12.09.2018 and the petitioner Union assailed the order of issuance of notice before this Court by way of filing SB Civil Writ Petition No.22454/2018 wherein an interim order was passed on 03.10.2018 and the respondents were restrained to take any proceedings pursuant to the show cause notice dated 12.09.2018. Counsel submits that concealing the above fact the respondent Company submitted an appeal under Section 11 of the Act of 1926 before the Industrial Tribunal challenging the same registration certificate dated 29.08.2018. Counsel submits that appeal under Section 11 of the Act of 1926 was not maintainable, hence under these circumstances, the petitioner Union submitted an application under Order 7 Rule 11 CPC for rejection of the said appeal as the same was barred by law. Counsel submits that the Tribunal has rejected the said application vide impugned order dated 03.04.2019 indicating therein that a mix question of fact and law is involved. Counsel submits that no disputed questions of facts were involved and only a pure question of law with regard to maintainability of appeal under Section 11 of the Act of 1926 is involved, hence the Tribunal has committed an error in rejecting the said application vide impugned order dated 03.04.2019. Counsel submits that under these circumstances, interference of this Court is warranted.

Submissions by the respondents:

3. Per contra, learned counsel for the respondent Company opposed the arguments raised by the counsel for the petitioner Union and submitted that the appeal was submitted by the respondent Company not only under Section 11 of the Act of 1926 but the same was also submitted with the aid of Section 9 (I) of the Industrial Disputes Act, 1947 (for short ‘the Act of 1947’). Counsel submits that the appeal under Section 9 (I) of the Act of 1947 is maintainable against any order passed by the Registrar, hence the respondents have not caused any illegality in filing appeal before the Tribunal against the order dated 29.08.2018 by which the petitioner Union was declared as registered Trade Union under Section 9 of the Act of 1926. Counsel submits that disputed questions of fact and law are involved and the appeal filed by the respondent Company was not barred by any of the provisions of law hence, the Tribunal has not committed an error in rejecting the application filed by the petitioner under Order 7 Rule 11 CPC. Counsel submits that the order passed by the Tribunal is just and proper which needs no interference of this Court.

Analysis and Reasoning:

4. Heard and considered the submissions made at the Bar and perused the material available on the record.

5. Admittedly, the petitioner Union applied for its registration under Section 9 of the Act of 1926 before the Labour Department, Government of Rajasthan and the Additional Registrar cum Divisional Joint Labour Commissioner, Jaipur passed an order on 29.08.2018 and regist