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Judgment
Heard learned counsel for the parties and perused the record.
Petitioner No. 1 is an association of workers serving in M/s Everest Industries Ltd., Bhagwanpur, District Haridwar. Petitioner No. 2 is an office bearer of the said association. Petitioner No. 1 had made an application, under Trade Union Act, to the Registrar and the Registrar, Trade Union vide order dated 24.05.2017 has refused to register petitioner No. 1 as a Trade Union on account of certain shortcomings in his application, which have been pointed out in the said order.
It is the contention of learned counsel for the petitioner that Section 7(1) of the Trade Union Act provides that in case of any deficiency or shortcoming found in the application for registration, the Registrar can call upon the applicant for further information. He further submits that shortcomings pointed out by the Registrar in his order dated 24.05.2017 are trivial in nature and there is nothing to indicate that the application submitted by petitioner No. 1 was not in accordance with provision of Section 5 of the Trade Union Act.
Counter affidavit is absolutely silent as to whether Registrar has given an opportunity to the petitioner to supply information/documents, which according to him were necessary for taking decision on the application.
In such view of the matter, I am of the opinion that ends of justice would be served, if order impugned is set aside and the Registrar is directed to give an opportunity to the petitioner to remove the defect(s)/supply requisite information/document(s) within specific time, so that the Registrar may re-consider petitioner''s application in accordance with law.
Accordingly, the impugned order dated 24.05.2017 is hereby set aside. The writ petition is disposed of with liberty to the petitioner to supply requisite information/documents to the Registrar, Trade Union within two weeks from today. The Registrar may call upon the petitioner to supply other information/document(s), as deemed necessary, within three weeks and petitioner shall supply such information/document(s) within two weeks thereafter. The Registrar, Trade Union shall re-consider petitioner''s application and pass appropriate order, in accordance with law, within four weeks thereafter.