8. Mr. Anil Kumar, learned Sr. Counsel appearing for the respondent opposes the contention of the learned Counsel for the petitioner and submits that the election was held on 12.10.18 and in the said election, the respondent No. 4 defeated the petitioner by 56 votes. Subsequently, on 25.10.18, an application was moved before the Registrar, Trade Union to register the names of the Executive Committee and Office Bearers in Form ‘B’ and vide order dated 28.06.2019, the names of the respondent No. 4 was registered in Form ‘B’. Thereafter, after lapse of 7 months, petitioner has moved before the Registrar, Trade Union for registering the names of petitioner and his associates in Form ‘B’. Learned senior counsel further argues that there are altogether 243 Members and as per Article IX of the Constitution, 1/3rd of the total number of members came to 81. Although, in the requisition of meeting dt. 15.03.2019 sent by petitioner, names of 84 persons are appearing, but the same does not appear to be correct as one Dilip Kumar having I.D. No. 978 has put his signature twice at Sl. No. 27 and 74. Further, Sl. No. 77 is missing as after Sl. No. 76, Sl. No. 78 has been written. Learned senior counsel further argues that there are several other anomalies in the said letter and hence, 7 members has fraudulently inserted their names and as such, after striking off their names, there will be only 77 members as against 81 members. Further, it is submitted that the decision taken by the Registrar with regard to delegating the power to the Dy. Labour Commissioner for conducting enquiry is absolutely administrative in nature. Before entering the names of Office bearers in Form B Register, a limited enquiry is to be done and accordingly, the Deputy Labour Commissioner hold the enquiry after giving adequate opportunity of hearing to the petitioner which is absolutely legal and valid. To give dispute between two fractions of the Union a rest, the Registrar passed an order for limited enquiry which is an administrative decision and on the basis of enquiry report, finally entered the name of respondent No. 4 in the Form ‘B’.
