SUNITA GOSWAMI Digitally signed by SUNITA GOSWAMI 2025:CGHC:13656 Date: 2025.03.22 16:09:04 +0530 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 430 of 2019 Reserved on 17/03/2025 Pronounced on 21 /03/2025

1 - Rashtriya Colliery Mazdoor Congres (Regd. No. 22 of 1948), A Trade Union Having Its Head Quarter At B/21-22, Indira Vihar, Seepat Road, Bilaspur, Chhattisgarh. Through Its General Secretary Dr. Deepak Jaiswal S/o Late Shri Ramswarup Jaiswal Aged About 57 Years, R/o Vidya Nagar, In front of Apollo Pharmacy, Bilaspur, Police Station Tarbahar, District Bilaspur, Chhattisgarh.

2 - Dr. Deepak Jaiswal S/o Late Shri Ramswarup Jaiswal Aged About 57 Years General Secretary of Rashtriya Colliery Mazdoor Congress, R/o Vidya Nagar, In front of Apollo Pharmacy, Bilaspur, Police Station- Tarbahar, District Bilaspur, Chhattisgarh. .........Res. No. 2 ... Petitioners versus

1 - Bhagwat Prasad Dubey S/o Shri Ram Kumar Dubey Aged About 73 Years R/o Ward No. 15, Chirmiri, General Secretary Rashtriya Colliery Workers Federation, Federation Office, Chirmiri, Post Office- Chirmiri, Korea, Chhattisgarh. ..........As Claimed Before The Court Below........Appellant, 2 - The Registrar Trade Union Chhattisgarh, Office Of Labour Commissioner, Block-3, 2nd Floor, Indrawati Bhawan, New Raipur, Chhattisgarh. ..........Res.

No. 1 ..Respondents For Petitioners : Shri Rishi Rahul Soni, Advocate For Respondents No.1 : Shri Sanjay Patel, Advocate For Respondents No. 2 : Ms. Pragya Pandey, Dy. G.A.

Single Bench: Hon’ble Shri Justice Sanjay S.Agrawal

CAV Order

1. By virtue of this petition, the petitioners are questioning the legality and propriety of the order dated 18.01.2019, whereby, the learned Member Judge, State Industrial Court, Bench at Bilaspur (CG) in Case No.02/ITU Act/I/2018, has partly allowed the appeal (Annexure P/15) preferred by Respondent No.1- Bhagwat Prasad Dubey under Section 11(aa) of the Trade Unions Act, 1926 (hereinafter referred to as “the Act, 1926”) by setting aside the order dated 24.03.2018 (Annexure P-14) passed by Respondent No.2- The Registrar, Trade Union, Chhattisgarh, Raipur, by remanding the matter to the said authority for adjudication of the case afresh.

2. Briefly stated the facts of the case are that the two registered Trade Unions known as ‘Rashtriya Colliery Workers Federation’ (for short “RCWF”) and ‘Rashtriya Koyala Khadan Mazdoor Sangh’ (for short “RKKMS”) through its Managing Directors, have submitted an application (Annexure P/2) on 27.08.2003 before the Registrar, Trade Union, Chhattisgarh, Raipur as per the provisions prescribed under Sections 24 and 25 of the Act, 1926 for amalgamation of the said Unions to that of ‘Rashtriya Colliery Mazdoor Congress’ (for short “RCMC”). The Registrar, Trade Union, after considering the said application, has allowed the same and the name of the Union, Registered as “Rashtriya Colliery Worker Federation” has been changed as “Rashtriya Colliery Mazdoor Congress” vide its order dated 29.08.2003 (Annexure P/3).

3. The aforesaid order as passed by the said authority was questioned by Respondent No.1- Bhagwat Prasad Dubey and RCWF before this Court, which was Registered as WP.No.3393/2005 (Annexure P/4) and vide order dated 12.10.2017 (Annexure P/5), a direction was issued for re-consideration of the said order dated 29.08.2003 after affording opportunity to all the affected parties. In pursuance to the directions as was issued by this Court on 12.10.2017 (Annexure P/5), the Registrar, Trade Union, vide its order (Annexure P/14) dated 24.03.2018, has rejected the said application for re- consideration of the said order dated 29.08.2003, whereby, a certificate of registration was granted in the name of the petitioners’ Union, namely, RCMC.

4. The aforesaid order (Annexure P/14) passed by the Registrar, Trade Union, refusing to cancel the certificate of registration dated 29.08.2003, was questioned in appeal by Respondent No.1 as per the provisions prescribed under Section 11 (aa) of