DECISION ' An application was presented before Labour Court No, VI, Hyderabad by Indus Jute Mills Mehnatkash Union that the Registrar of Trade Unions may be directed to refrain from issuing Registration Certificate to Labour Union Indus Jute Mills Dhabeji on the ground that the Registrar had held piece meal enquiry. The learned Labour Court passed an order that since the enquiry was conducted by the Registrar three times, it was an illegal enquiry and he accordingly suspended the Registration Certificate till 25-11-1996. Notice was issued to the other side. On 25-11-1996 the stay order application was extended until disposal of the petition. Against both these orders the General Secretary Indus Jute Mills Labour Union Dhabeji has filed this Revision Application under section 38 of the I.R.O., 1969.
2. Under section 10 of the I.R.O. It is only upon a complaint in writing made by the Registrar that the Trade Unions has contravened any law or provisions of the constitution of the Union or framed the constitution consistent with the I.R.O. That the registration can be challenged. In this case there is complaint from the Registrar but the C.B.A. Union has moved an application against the Registrar and the new union of Dhabeji its President and the Manager. There is no provision for proceeding against the Registrar on the application of a rival Union before the Labour Court. On the other hand the aggrieved Labour Union can appeal against the cancellation.
3. The stay granted by the Labour Court for cancellation of the Registration being in contravention of section 10 of the I.R.O. Is accordingly set aside. It is for the aggrieved Union to first approach the Registrar for cancellation and under section 10 the Registrar may file a complaint in writing before the Labour Court pointing out the contravention of the I. R .0.
4. For the above reasons the Revision Application against stay is allowed.