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Ms Hero Motocorp Limited vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 31 March 2026 · Citation: (2026) 03 UK CK 1400

HON’BLE JUDGES
Pankaj Purohit, J
RESULT
Allowed
CASE NUMBER
Writ Petition Miscellaneous Single No. 1840 Of 2024
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Judgment

8 paragraphs · 386 words

Pankaj Purohit, J

1.

This writ petition has been filed by the petitioner challenging the order dated 01.04.2024, passed by Registrar, Trade Union, Uttarakhand based on the inquiry report conducted by Deputy Labour Commissioner/Deputy Registrar, Trade Union and Labour Enforcement Officer.

2.

It is contended by learned Senior Advocate appearing for the petitioner that, in the inquiry report itself on page no. 62, it is reflected that the Inquiry Officer has made a prima facie view of the matter regarding the genuineness of the signatures of the members of respondent no. 3–Trade Union, and despite that, the inquiry report was relied upon and the impugned order has been passed.

3.

Per contra, learned counsel for respondent no. 3 submits that the Trade Union Certificate of respondent no. 3 has still not been cancelled.

4.

Be that as it may, I have gone through the inquiry report, specifically page 62 of the inquiry, wherein it has been reflected that a prima facie view has been given by the Inquiry Officer regarding the genuineness of the signatures of the members of the Trade Union.

5.

It was the case of the petitioner that, out of 276 signatories of the alleged Trade Union, signature of 229 members were forged; therefore, the matter was earlier relegated to the relevant officer to conduct an inquiry by the order of a Co-ordinate Bench of this Court in WPMS No.88 of 2024 dated 11.01.2024. Thus, the order, which is based on a defective inquiry report, cannot be sustained and the same is liable to be set aside.

6.

Accordingly, the writ petition is allowed. The order dated 01.04.2024, passed by the Registrar, Trade Unions, Uttarakhand, is hereby set aside. However, on the joint consent of the learned counsel for the parties, it is provided that a fresh inquiry shall be conducted by the Deputy Registrar, Trade Union, Haridwar, regarding the fact of genuineness of the signatures of the members of the Trade Union, without being influenced by the earlier inquiry report, within a period of two months from the date of production of a certified copy of this order. The Deputy Registrar, Trade Union, shall submit the fresh inquiry report to the Registrar, Trade Union, who will pass the order in accordance with law.

7.

Pending application, if any, stands disposed of accordingly.