R.J. Kochar, J.
1. Heard both the learned Counsel appearing for the parties. Perused the proceedings. The appeal is admitted and by consent is heard finally at this stage itself. The appellant is a trade union registered under the Trade Unions Act, 1926 and was also accorded the status of a recognised union by the Bombay Municipal Corporation. From the nomenclature of the appellant, it appears to represent the employees of the fire fighting department of the Corporation.
2. From the averments in the appeal, it appears that the Trade Union has been functioning for a long period, bearing Registration No. 6019 having its registered office at A/7, Girgaum Terrace, Girgaum, Mumbai 400 004. This was the address given by the appellant union at the time of its registration. It is undisputed case that in the year 1970 the address of the appellant union was changed and it shifted its registered office at Byculla Fire Station, B.J. Marg, Mumbai 400 008. According to the appellant this change in the address was duly communicated by the appellant union to the Registrar of Trade Unions and that thereafter, the correspondence between the appellant-union and the Registrar of Trade Unions had ensued at the said changed address.
3. The appellant union is aggrieved by the order of the Trade Unions Registrar to cancel the registration of the appellant union as communicated to the appellant union by a letter dated March 4, 2003 in reply to the letter dated February 10, 2003 addressed by the appellant to the Registrar. From the said letter, it appears that the order of cancellation of the registration of the appellant union was published in the Maharashtra Government Gazette dated August 5, 1999. It was notified that on March 16, 1998, the aforesaid order of cancellation of the registration of the appellant union was passed. Along with the said communication a copy of the notification of the gazette was forwarded to the appellant union for ready reference and for further steps. From the order communicated to the appellant, it appears that the reason for cancellation of the registration was the continued contravention of the provisions of Section 28 of the Trade Unions Act, 1926 read with Rule 17 of the Bombay Trade Unions Regulations, 1927. The gist of the contravention alleged was that the appellant union had not submitted by the prescribed date the annual general statements of account in the annual return form I for the year ending December 31, 1992. It appears that by a letter dated February 10,2003, the appellant union had tried to submit the annual returns of the past period and to renew the registration.
4. It is the grievance of the appellant union that there was no showcause notice issued by the respondent before proceeding to cancel its registration. According to the appellant, the cancellation of the registration of union is an extreme and drastic action and, therefore, it ought to have been preceded by a show cause notice and an opportunity to the defaulting union to correct its mistake or faults and to comply with the provisions of the law and the directions of the Registrar ought to have been given. According to the appellant union, from the nature of the work in which the staff of fire fighting department is engaged and particularly in the period 1992-93 and even thereafter, on account of serious communal riots in the city, the office bearers of the union were always busy in attending the emergency calls and therefore, they lost track of fulfilment of the obligation to prepare and submit the annual returns of the union as prescribed. The appellant union has accepted its lapse and has also explained the reason therefor. According to the appellant union, there was no deliberate or wilful act to defy or commit breach of law, The appellant union has further pointed out that it has never received any show cause notice at the changed address. It was apprehended that if the Registrar had sent any show cause notice, it might have been sent to the appellant's old address. According to union, if a show cause notice had been received, the office bearers of the union would have definitely been alerted to attend even this emergency call from the Registrar of Trade Unions. They would never have failed to respond as it was involving the very existence of the union.
5. In order to verify the facts alleged by the appellant, I called for the original file from the office of the respondent. I have personally gone through the file. I am rather shocked to see the show cause notice dated January 12, 1998 pursuant to which the registration of the union came to be cancelled, was addressed to the appellant union at its old address. Similarly, even the order of cancellation dated March 17, 1998 was sent to the appellant's old office address. I have also found that show cause notices dated December 20, 1996, August 6, 1996 and July 3, 1997 were also addressed to the old address of the appellant. I fail to understand why the office of the respondent has been so negligent and cavalier in just not perusing the file before taking the drastic and extreme action of cancellation of the union. I find very old correspondence in the file which is from the changed address of the appellant office on the letter-head of the appellant union. There are replies sent by the office at the changed address. It is, therefore, crystal clear that the show cause notice required to be issued by the respondent before resorting to the drastic action of cancellation of the registration was not sent to the changed address and, therefore, the appellant did not receive the same. The law provides for a mandatory previous show cause notice of not less than two months. Section 10 which empowers the Registrar to withdraw or to cancel the registration of the union is reproduced hereinbelow:
'10. Cancellation of Registration: A certificate of registration of Trade Union may be withdrawn or cancelled by the Registrar -
(a) on the application of the Trade Union to be verified in such manner as may be prescribed, or -
(b) if the Registrar is satisfied that the certificate has been obtained by fraud or mistake, or that the Trade Union has ceased to exist or has wilfully and after notice from the Registrar contravened any provisions of this Act or allowed any rule to continue in force which is inconsistent with any such provision, or has rescinded any rule providing for any matter provision for which is required by Section 6:
Provided that not less than two months previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate shall be given by the Registrar to the Trade Union before the certificate is withdrawn or cancelled otherwise than on the application of the Trade Union.'
6. The impugned order of cancellation of the Registration is, therefore, in violation of the mandatory provisions of the Act. The Registrar has not addressed a previous notice in writing to the appellant union at its correct address which was already furnished by the appellant union and which is found in the file of the Registrar. The respondent has, therefore, failed to comply with the mandatory provisions of Section 10 of the Act.
7. The impugned order of cancellation of registration of the appellant Union is, therefore, illegal, improper and the same, therefore, deserves to be quashed and set aside and the same is hereby quashed and set aside. The first appeal is allowed and the respondent is hereby directed to restore the registration of the appellant union forthwith. The appellant union shall also file their annual returns if they have not filed promptly for the years in the past and shall update the records as expeditiously as possible.
8. All concerned to act on a copy of this order duly authenticated by the Sheristedar.