Kolkata Court June 1960 Judgments

Mihir Kumar Gooha Vs. Registrar of Trade Unions, West Bengal, Calcutta

Court: Kolkata

Reported in: AIR1961Cal165,64CWN1065,[1960(1)FLR446],(1961)ILLJ50Cal

Lahiri, C.J.1. This appeal has been brought against an order of the Registrar of Trade Unions, West Bengal, by which he has cancelled a certificate of registration granted in favour of the appellant. The appeal is one under Section 11(1)(a) of the Indian Trade Unions Act of 1926. On behalf of the respondent Mr. Sen has raised a point to the effect that appeals under Section 11(1)(a) should be heard by a Judge sitting on the Original Side. His argument is that the procedure to be followed by a Judge in an appeal under Section 11 shows that the powers are analogous to the powers of a Judge trying an original suit. Sub-section (3) of Section 11 is in the following terms.'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 * * *.' Mr. Sen's contention is that in view of the fact that the appellate Court is to follow the sam...