Deregistered Trade Union Cannot Continue Industrial Reference | HC

Case Details: Peerless Inn vs. State of West Bengal [2026] 186 taxmann.com 1212 (HC-Calcutta)

Judiciary and Counsel Details

• Shampa Dutt (Paul), J.
• Jaydip Kar, Ranjay De, Sr. Advs., B. Banerjee, A.A. Bose & S.D. Roy for the Petitioner.
• Balaram Patra & Suvadip Bhattacharjee for the Respondent.

Facts of the Case

In the instant case, the petitioner-employer and two registered trade unions, including the respondent no. 2, were parties to an industrial dispute concerning a charter of demands raised on behalf of workmen.

The Appropriate Government referred the dispute to the Industrial Tribunal. Both sides examined and cross-examined witnesses, and at a later stage, only the respondent no. 2 participated in the proceedings.

Subsequently, the registration of the respondent no. 2 union was cancelled under the Trade Unions Act, 1926. The Petitioner applied before the Tribunal, contending that respondent no. 2 could no longer continue in the proceedings in view of its deregistration.

The Tribunal rejected the objection and permitted the respondent no. 2 to continue participating in the pending reference. Aggrieved, the petitioner filed a writ petition seeking the deletion of the respondent no. 2 from the reference proceedings.

It was noted that respondent no. 2, being admittedly an unregistered trade union, could not participate further in the proceedings before the Tribunal.

High Court  Held

The High Court held that, the reference before the Tribunal, relating to a charter of demands espousing cause of a substantial number of the workmen, remained valid notwithstanding cancellation of registration of the respondent no. 2 and such workmen were entitled to appear and continue pursuing dispute, since the industrial dispute and reference survived as a matter between the workmen and the employer until restoration of registration or disposal of reference, whichever was earlier.

List of Cases Reviewed

• Order No. 223 of First Industrial Tribunal, Kolkata dated 2-2-2026 (Para 48) modified

List of Cases Referred to

• Ramchandra Keshav Adke v. Govind Joti Chavare (1973) 1 SCC 559 (para 16)
• State of Odisha v. Satish Kumar Ishwardas Gajbhiye (2021) 17 SCC 90 (para 16)
• B. Srinivasa Reddy v. Karnataka Urban Water Supply & Drainage Board Employees Association (2006) 11 SCC 731 (para 16)
• Calcutta Port Trust Union v. Haldia Shore Ship & Transport Handling Workers Co-operative Construction Society Ltd. [2013] 4 taxmann.com 1329 (Calcutta) (para 16)
• Secretary (Policy) Regional Director (Food) Employees Association v. Food Corporation of India [2010] 2009 taxmann.com 1923 (Calcutta) (para 18)
• State of Bihar v. Kripa Shankar Jaiswal [1961] 1960 taxmann.com 40 (SC) (para 21)
• Management of Gammon (India) Ltd. v. State of Orissa 1973 SCC Online Ori 267 (para 23)
• Workmen of India Express (P.) Ltd. v. Management (1969) 1 SCC 228 (para 23)
• Newspapers Ltd. v. U.P. State Industrial Tribunal AIR 1960 SC 1328 (para 23)
• Steel Authority of India Ltd., IISCO Steel Plant v. State of West Bengal [WPA No. 20373 of 2008, dated 18-08-2025] (para 36)
• Polypharma (P.) Ltd. v. Kamgar Sabha [2005] 2005 taxmann.com 2620 (Bombay) (para 46)