ACC Rajanka Lime Stone Quarries Mazdoor Union v. Registrar of Trade Unions AIR 1958 Pat 470

ACC RAJANKA LIME STONE QUARRIES V. REGISTRAR

Whether the Registrar of Trade Unions had a duty to register a trade union within a reasonable time frame?

Where the Registrar takes no action on an application for more than 3 months, a writ under Art. 226 can be issued commanding the Registrar to deal with the application”.

The ACC Rajanka Lime Stone Quarries Mazdoor Union (the Union) was formed by workers employed at the ACC Rajanka Lime Stone Quarries in Jhinkpani, Bihar.
On July 31, 1957, the Union applied for registration under the Trade Unions Act, 1926.
The Registrar of Trade Unions (the Registrar) did not take any action on the application for over two months.On September 23, 1957, the Union sent a reminder to the Registrar.
On October 15, 1957, the Union filed a petition with the High Court of Bihar, seeking a writ of mandamus to compel the Registrar to register the Union or to refuse to register it within a reasonable time frame.

The Registrar of Trade Unions has a duty to register a trade union within a reasonable time frame.
The court reasoned that the right to form trade unions is a fundamental right under Article 19(1)(c) of the Constitution of India.
The court also noted that the Trade Unions Act, 1926, does not specify a time frame for the Registrar to register a trade union.
The court held that the delay of over two months by the Registrar in taking any action on the Union’s application was unreasonable.
The court ordered the Registrar to register the Union within two weeks of the receipt of the court’s order.
The Registrar complied with the court’s order and registered the Union on October 15, 1957.