Appeal lies to the original side of the High Court only.

This is a reference at the instance of the Registrar of this Court† as to whether the proposed appeal should validly be entertained on the Appellate Side of

† Note for Orders of Court — Re: S.R. Mo. 17133 of 1958 — C.M.A. : —

The above S. R. is sought to be filed under section 11 of the Indian Trade Unions Act, XVI of 1926, as a Civil Miscellaneous Appeal. The question for consideration is whether the said Appeal styled as a C.M.A. can be entertained in the Appellate Side in view of the provisions in sub-clause (3) of section 11 of the Act which appear to indicate that an appeal preferred to the High Court under that section should come before a Judge sitting singly on the Original Side as if it were a suit under the provisions of the Civil Procedure Code, as explained in the Calcutta decision cited below.

Section 11 (3) of the Act provides: —

“For the purpose of an appeal under sub-section (1) an Appellate Court shall follow the same procedure and have the same powers as it follows and has when trying a suit under the Civil Procedure Code........”

The original proceedings were started in this case by a petition, dated 23rd December, 1957 for the registration of the Tamilnad Non-Gazetted Officers’ Union under the Trade Unions Act. The Registrar of Trade Unions, Madras, holding that the relationship of Workmen and Employers under section 2 (g) of the Act is not fully satisfied in the case of ministerial employees of Administrative Department or Offices of Government rejected the petition by order, dated 10th May, 1958. It is against this order that the present S. R. is filed as a C.M.A. under section 11 of the Act. To the objection as to its maintainability on the Appellate Side the counsel for the appellant contends that on the analogy of the provisions in section 20 of the Workmens’ Compensation Act VIII of 1923 this appeal may be entertained as a C.M.A. on the Appellate Side. It is not shown how the analogy of the provisions contained in another enactment can be extended to a case of this kind.

It has been held in a decision of a Division Bench of the Calcutta High Court reported in In re Inland Steam Navigations Workmen’s Union, (1935) I.L.R. 63 Cal. 565 at 574, that a matter this Court. Certain ministerial employees of the Government departments formed themselves into an association known as the Tamilnad Non-Gazetted Government Officers’ Union and applied to the Registrar of Trade Unions, Madras, the respondent herein for registration of their association as a Trade Union under the Indian Trade Unions Act (XVI of 1926). The Registrar declined to register the Union. Thereupon the Tamilnad Non-Gazetted Government Officers’ Union (assuming for the present purpose that it is a legal entity even before the registration) and one T.S. Krishniah filed an appeal on the Appellate Side of this Court purporting to be under section 11 of the Indian Trade Unions Act. The office took objection that an appeal under section 11 of the Indian Trade Unions Act is entertainable only on the Original Side of this Court. As the matter involved was a question of procedure it was posted for orders before the Court. Section 11 (1) of the Act runs as follows:

"Any person aggrieved by any refusal of the Registrar to register a Trade Union or by the withdrawal... .may within such period as may be prescribed appeal (a) where the head office of the Trade Union is situated within the limits of a Presidency Town to the High Court or (A) where the head office is situated in any other area to such Court not inferior to the Court of an Additional or Assistant Judge of a principal Civil Court of Original Jurisdiction as the appropriate government may appoint in this behalf for that area."

For the purpose of an appeal under sub-section (1) an appellate Court shall so far as may be, follow the same procedure and have the same powers as it follows and has when trying a suit under the Code of Civil Procedure, 1908, and may direct by whom the whole or any part of th