Case Note & Summary
The petitioner, Shrikrishna Kulkarni, was an employee of Bosch Ltd. and a member of the Bosch Employees Union, serving as its General Secretary from 12.2.2020 to 4.2.2023. On 28.11.2023, the union issued a show cause notice to the petitioner calling upon him to explain why he should not be expelled. The petitioner replied on 30.11.2023 requesting 10 days' time, but the union expelled him on 4.12.2023. Aggrieved, the petitioner approached the Deputy Registrar, Trade Unions, Nashik Division (Respondent No. 2) under Section 28(1-A) of the Trade Unions Act, 1926, seeking a consent certificate to enable him to raise an industrial dispute. The Deputy Registrar, by order dated 15.4.2024, rejected the application relying on the Supreme Court judgment in Borosil Glass Works Ltd. Employees’ Union v. D.D. Bambode, which held that a dispute raised by persons who are yet to become members of the union would not be covered by Section 28(1-A). The petitioner challenged this order by way of a writ petition before the Bombay High Court. The High Court observed that the Deputy Registrar had completely misapplied the precedent, as the petitioner was an existing member and former office-bearer of the union, not a person seeking membership. The court held that the ratio in Borosil applies only to persons who are yet to become members, and therefore the Deputy Registrar's order was unsustainable. The court quashed the order dated 15.4.2024 and directed the Deputy Registrar to issue the consent certificate in Form K to the petitioner within two weeks. The petition was allowed with no order as to costs.
Headnote
A) Trade Unions Act - Consent Certificate under Section 28(1-A) - Expelled Member - The Deputy Registrar refused to issue a consent certificate to the petitioner, who was an existing member and former General Secretary of the union, by relying on Borosil Glass Works Ltd. Employees’ Union v. D.D. Bambode, which applies only to persons who are yet to become members. The High Court held that the authority misapplied the precedent and quashed the order, directing issuance of the consent certificate. (Paras 6-8)
Issue of Consideration
Whether the Deputy Registrar under Section 28(1-A) of the Trade Unions Act, 1926, can refuse to issue a consent certificate to a person who was already a member of the trade union and was expelled, by relying on a precedent that applies only to persons who are yet to become members.
Final Decision
The High Court allowed the writ petition, quashed the order dated 15.4.2024 passed by the Deputy Registrar, and directed the Deputy Registrar to issue the consent certificate in Form K to the petitioner within two weeks.
Law Points
- Trade Unions Act
- 1926
- Section 28(1-A)
- Consent Certificate
- Expulsion from Union
- Misapplication of Precedent
- Borosil Glass Works Ltd. Employees’ Union v. D.D. Bambode
Case Details
2025 LawText (BOM) (09) 155
Writ Petition No. 3326 of 2025
Ravindra V. Ghuge, Ashwin D. Bhobe
Mr. Yogendra Pendse for Petitioner, Ms. Pavitra Manesh for Respondent No. 3, Ms. P.N. Diwan, AGP for Respondent/State
The State of Maharashtra, Deputy Registrar, Trade Union, Nashik Division, Bosch Employees Union
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging an order of the Deputy Registrar under Section 28(1-A) of the Trade Unions Act, 1926, refusing to issue a consent certificate.
Remedy Sought
The petitioner sought a writ of certiorari to quash the Deputy Registrar's order dated 15.4.2024 and a direction to issue a consent certificate in Form K.
Filing Reason
The petitioner was expelled from the union and the Deputy Registrar refused to issue a consent certificate, relying on a Supreme Court precedent that applies only to prospective members.
Previous Decisions
The Deputy Registrar, by order dated 15.4.2024, rejected the petitioner's application for a consent certificate under Section 28(1-A) of the Trade Unions Act, 1926.
Issues
Whether the Deputy Registrar misapplied the Supreme Court judgment in Borosil Glass Works Ltd. Employees’ Union v. D.D. Bambode by refusing a consent certificate to an expelled member.
Whether the petitioner, as an existing member and former General Secretary, is entitled to a consent certificate under Section 28(1-A) of the Trade Unions Act, 1926.
Submissions/Arguments
The petitioner argued that he was an existing member and former General Secretary of the union, and the Deputy Registrar erred in relying on Borosil, which applies only to persons who are yet to become members.
The respondent union supported the Deputy Registrar's order, contending that the petitioner was not a member at the time of the application.
Ratio Decidendi
The ratio in Borosil Glass Works Ltd. Employees’ Union v. D.D. Bambode applies only to persons who are yet to become members of a trade union, and cannot be applied to an existing member who has been expelled. The Deputy Registrar misapplied the precedent, and the petitioner is entitled to a consent certificate under Section 28(1-A) of the Trade Unions Act, 1926.
Judgment Excerpts
We find that the Respondent No. 2 Authority has completely misapplied the said Judgment of the Hon’ble Supreme Court in the case of Borosil Glass Works Ltd. Employees’ Union v/s. D.D. Bambode and Others.
The ratio in the said Judgment would apply to persons who are yet to become members of the Union and not to a person who was already a member and was expelled.
Procedural History
The petitioner was expelled from the union on 4.12.2023. He applied to the Deputy Registrar under Section 28(1-A) of the Trade Unions Act, 1926, for a consent certificate. The Deputy Registrar rejected the application on 15.4.2024. The petitioner then filed Writ Petition No. 3326 of 2025 before the Bombay High Court, which was heard and allowed on 19.9.2025.
Acts & Sections
- Trade Unions Act, 1926: 28(1-A)
