Disposed¶23

Bireswar Konwar v. the Registrar of Trade Union, Assam

Gauhati HC9 Mar 2026WP(C)/4925/2025

Case brief

AI extract

What is this about?

Trade union registration; Registrar of Trade Union, Assam; rejection of registration application affirmed by Labour Court, Kamrup [M], Guwahati in Appeal No. 01/2024 (judgment dated 06.06.2025); writ petition under Article 226 of the Constitution; petition closed with liberty to file fresh application under the Trade Unions Act, 1926; no findings on merits; consent-based closure; Gauhati High Court; Manish Choudhury, J.; WP(C)/4925/2025; order dated 10.03.2026.

What did the court decide?

Writ petition closed with liberty reserved to the petitioner to file an application afresh for registration as a trade union under the Trade Unions Act, 1926; the Registrar of Trade Union, Assam to consider any such application as per the provisions of the Act and if permissible under law. ¶23

Bireswar Konwar Vs the Registrar of Trade Union… — Writ and Judicial Review | Gauhati HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Challenge by writ petition under Article 226 to the judgment dated 06.06.2025 of the Labour Court, Kamrup [M], Guwahati affirming the Registrar of Trade Union, Assam's rejection of the petitioner's application for registration as a trade union.

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Court's answer

The writ petition stands closed, reserving liberty to the petitioner to file an application afresh for its registration as a trade union under the Trade Unions Act, 1926 before the Registrar of Trade Union, Assam.

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Ratio / Principle

If a fresh application for registration is filed by the petitioner, the Registrar of Trade Union, Assam is to consider it as per the provisions of the Trade Unions Act, 1926 and if permissible under the law.

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Key takeaways

The Court made no observations on the permissibility of making an application afresh; the Registrar shall consider any application filed in accordance with law and on its own merits.obiter¶24

Detailed headnote1 paragraphs

Gauhati High Court (Manish Choudhury, J.), Order dated 10.03.2026 in WP(C)/4925/2025 - Bireswar Konwar v. The Registrar of Trade Union, Assam - Trade Unions Act, 1926 - Registration of trade union - Writ petition under Article 226 of the Constitution assailing the judgment dated 06.06.2025 of the Labour Court, Kamrup [M], Guwahati in Appeal No. 01/2024, whereby the Registrar of Trade Union, Assam's rejection of the petitioner's application for registration of his union as a trade union was affirmed. On the petitioner's counsel submitting that a fresh application for registration would be made and there was no bar to filing afresh, and the respondent's Senior Counsel submitting that any such application would be considered under the Act, the Court closed the writ petition, reserving liberty to the petitioner to file a fresh application, which the Registrar is to consider as per the provisions of the Trade Unions Act, 1926 and if permissible under law; the Court expressly recorded that it made no observations on the permissibility of a fresh application, which is to be considered in accordance with law and on its own merits.

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GAHC010179692025

2026:GAU-AS:3625

THE GAUHATI HIGH COURT

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(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/4925/2025

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BIRESWAR KONWAR

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S/O- LATE TANURAM KONWAR ,

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SECRETARY ASSAM HATIPHANDI UNION , R/O- VILLAGE DOHALI, P.OSILCHANG, DIST-MORIGAON, ASSAM, PIN-782412

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VERSUS

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THE REGISTRAR OF TRADE UNION, ASSAM ASSAM SHRAM BHAWAN, B.K KAKATI ROAD, ULUBARI, GUWAHATI-07

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Advocate for the Petitioner : MR F Z MAZUMDER, Advocate for the Respondent : GA, ASSAM, S J KALITA,B SAHA,MR B P SARMAH,MR. C CHAKRAVARTY,MR. P HAZARIKA,MR. R HAZARIKA,MR. S SARMA

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BEFORE

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HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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10.03.2026

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Heard Mr. F.Z. Mazumder, learned counsel for the petitioner and Mr. J. Roy, learned Senior Counsel assisted by Mr. B.P. Sarmah, learned counsel for the respondent Registrar of Trade Union, Assam.

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This writ petition under Article 226 of the Constitution of India has been preferred to assail a Judgment dated 06.06.2025 passed by the Labour Court, Kamrup [M], Guwahati in Appeal no. 01/2024 under the Trade Unions Act, 1926 whereby the decision of the

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respondent, that is, the Registrar of Trade Union, Assam rejecting the application of the petitioner for its registration as trade union has been affirmed.

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After advancing submissions by the learned counsel for the parties at some length, Mr. Mazumder, learned counsel for the petitioner has submitted that the petitioner is desirous of making a fresh application before the Registrar of Trade Union, Assam for its registration under the Trade Unions Act, 1926 and he has submitted that there would be no bar to file an application afresh for registration.

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Mr. Roy, learned Senior Counsel appearing for the respondent has submitted that if such an application is filed, then the same would be considered by the Registrar of Trade Union, Assam as per the provisions of the Trade Unions Act, 1926.

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In view of the above submissions made by the learned counsel for the parties, the writ petition stands closed, reserving the liberty to the petitioner to file an application afresh for its registration as trade union under the Trade Unions Act, 1926 before the Registrar of Trade Union, Assam. If such an application is filed by the petitioner, the Registrar of Trade Union, Assam is to consider the same as per the provisions of the Trade Unions Act, 1926 and if permissible under the law.

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It is made clear that this Court has not made any observations as regards the permissibility of making an application afresh and the Registrar of Trade Union, Assam shall consider the application, if filed by the petitioner, in accordance with law and on its own merits.

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Comparing Assistant

Bireswar Konwar v. the Registrar of Trade Union, Assam

Case brief

What is this about?

What did the court decide?

Bireswar Konwar v. the Registrar of Trade Union, Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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