Law:

Section: S. 10 (b)

(a) Trade Unions Act (XVI of 1926),   S. 10 (b)-Requires two notices independent of each other ; one prior to wilful con travention of any provision of Act and another after the provision hers been contravened-"Wilful contravention" contemplated under sub-clause (b) is, one after notice from Registrar.   Sub-clause (b) of section 10 of the Trade Unions Act, 1926 requires two notices independent of each other from the Registrar to the Union before the Registrar can cancel the registration of a Trade Union. The one is prior to the wilful contravention of any provision of the Act and the other is after the provision has been contravened. The proviso con templates for an opportunity to be given to the Trade Union to show why its certificate be not cancelled. The provision of section 10 (b) of the Act is mandatory and non-compliance with the provision renders the order of cancellation of the, Regis trar illegal.   (b) Trade Unions Act (XVI of 1926),   S. 28-Return submitted by Union found to be incorrect or incomplete-Union not debarred from filing fresh return if time for filing the same has not expired.   There is no specific provision in the Trade Unions Act, 1926 which debars a Trade Union from filing a fresh return if having once submitted its return it is found to be incorrect or incomplete, provided the time for filing return has not expired. JUDGMENT   This is an appeal by Landhi Textile Workers' Union under sub-clause (4) of section 11 of the Pakistan Trade 19nions Act, 1926. The facts giving rise to the present appeal are these :-   The appellant is a registered Trade Union. Under section 28 of the Pakistan Trade Unions Act (hereinafter called the Act) it was required to submit its return under the prescribed form. It is an admitted position that the return could be submitted by the 31st of July 1959. The Union submitted its return on the 15th July 1959 which was returned by the Registrar of Trade Unions, the respondents before me, on the ground that it did not comply with the requirements of section 28 of the Trade Unions Act. It is not necessary to set out the objec tions of the Registrar in respect of the…